COVID-19 & Closures
Note: Policies are rapidly changing, so please verify information with the government and colleagues.
EOIR Status Overview & EOIR Court Status Map/List: Unless previously specified on the court status list, hearings in non-detained cases at courts are postponed through, and including, May 14, 2021. (It is unclear when the next announcement will be. EOIR announced 5/14 on Mon. 3/29, 4/16 on Fri. 3/5, 3/19 on Wed. 2/10, 2/19 on Mon. 1/25, 2/5 on Mon. 1/11, and 1/22 on Mon. 12/28.) There is no announced date for reopening NYC non-detained at this time.
USCIS Office Closings and Visitor Policy
TOP NEWS
Biden Reverses Course Again After Backlash and Will Increase Refugee Limit
NYT: After a backlash from Democrats and human rights activists, the White House abruptly reversed course on Friday on the number of refugees it will allow into the United States, a reflection of President Biden’s continuing struggle with immigration policy.
Border fiasco spurs a blame game inside Biden world
Politico: Top White House officials have grown increasingly frustrated with Health Secretary Xavier Becerra over his department’s sluggish effort to house thousands of unaccompanied minors, as the administration grapples with a record number of children crossing the southern border.
ICE, CBP to stop using ‘illegal alien’ and ‘assimilation’ under new Biden administration order
WaPo: The change is detailed in memos sent Monday to department heads at Immigration and Customs Enforcement and Customs and Border Protection, the nation’s chief enforcers of federal immigration laws, according to copies obtained by The Washington Post. It is part of an ongoing effort to reverse President Donald Trump’s hard-line policies and advance Biden’s efforts to build a more “humane” immigration system.
Pressure mounts on DHS to stop using Clearview AI facial recognition
Hill: The groups are concerned that immigration authorities could be abusing the facial recognition technology to locate, arrest and even deport individuals using data that they did not consent to share.
Biden To Make Historic Census Director Pick With Latinx Statistician Rob Santos
NPR: If confirmed by the Senate, Santos, who is Latinx, would be the first permanent director of color for the federal government’s largest statistical agency, which is in charge of major surveys and the once-a-decade head count used for distributing political representation and funding around the United States.
Here’s What the Top Mayoral Candidates Say They’ll Do for Immigrant New Yorkers
Documented: Documented and City & State dug through the Democratic mayoral candidates’ plans for the City’s immigrant residents.
COVID-19 is Driving Homelessness for Undocumented Immigrants in New York
Documented: Interviews with local advocates and city data indicate that homelessness is rising locally and citywide, as the most marginalized residents struggle to recover from the pandemic.
LITIGATION/CASELAW/RULES/MEMOS
U.S. Supreme Court doubts ‘green cards’ for some protected migrants
Reuters: U.S. Supreme Court justices on Monday appeared reluctant to let people who have been allowed to stay in the United States on humanitarian grounds apply to become permanent residents if they entered the country illegally.
Appeals court upholds Canada-U.S. asylum-seeker agreement
Reuters: A Canadian appeals court on Thursday upheld a Canada-U.S. agreement to turn back asylum seekers, overturning a lower court ruling, siding with the federal government and setting up a possible Supreme Court showdown.
BIA Reopens and Terminates Sua Sponte in Light of Mellouli
Unpublished BIA decision reopens and terminates proceedings sua sponte upon finding selling a precursor substance (pseudoephedrine) under Okla. Stat. 2-328 is not a controlled substance offense under Mellouli v. Lynch. Special thanks to IRAC. (Matter of Nguyen, 7/9/20) AILA Doc. No. 21041400
BIA Finds New York Statute Not a Firearms Offense
Unpublished BIA decision holds that criminal possession of a weapon in the second degree under N.Y.P.L. 265.03(3) is not a firearms offense because it applies to loaded antique firearms. Special thanks to IRAC. (Matter of Disla, 6/26/20) AILA Doc. No. 21041200
BIA Finds Plea Vacated Due to Misunderstanding of Immigration Consequences Not a Conviction
Unpublished BIA decision holds that a defendant’s failure to understand the immigration consequences of a guilty plea is a substantive and/or procedural defect that vitiates a conviction for immigration purposes. Special thanks to IRAC. (Matter of Jaimes, 7/24/20) AILA Doc. No. 21041900
BIA Grants Interlocutory Appeal Challenging Denial of Unopposed Motion to Change Venue
Unpublished BIA decision grants interlocutory appeal and remands for further consideration of unopposed motion to change venue from Atlanta to Seattle. Special thanks to IRAC. (Matter of Miranda-Rodriguez, 7/28/20) AILA Doc. No. 21041901
BIA Holds Witness Intimidation in Massachusetts Is Not a CIMT
Unpublished BIA decision holds intimidation of a witness under Mass. Gen. Laws ch. 268, §13B is not a CIMT because it can be committed recklessly. Special thanks to IRAC. (Matter of Mendoza-Lopez, 7/22/20) AILA Doc. No. 21041602
BIA Grants Cancellation Hearing Where Qualifying Relative Aged Out
Unpublished BIA decision finds respondent is entitled to hearing on non-LPR cancellation despite lack of qualifying relative because IJ unduly delayed adjudicating application until respondent’s U.S. citizen child was over 21. Special thanks to IRAC. (Matter of Martinez-Perez, 7/22/20) AILA Doc. No. 21041601
BIA Orders Further Consideration of Continuance Pending U Visa Adjudication
Unpublished BIA decision orders further consideration of request for continuance pending adjudication of U visa petition where IJ failed to adequately consider factors under Matter of Sanchez Sosa. Special thanks to IRAC. (Matter of Delgado-Sarmiento, 7/21/20) AILA Doc. No. 21041600
The BIA ruled that an IJ may rely on material misrepresentation during an interview before USCIS to remove the conditional basis of permanent residence in assessing inadmissibility under INA §212(A)(6)(C)(i) for purposes of adjustment of status. Matter of Mensah, 28 I&N Dec. 288 (BIA 2021) AILA Doc. No. 21041434
BIA Rescinds In Absentia Order Following Prompt Filing of Motion to Reopen
Unpublished BIA decision rescinds in absentia order where respondent filed motion within 15 days and submitted affidavit disavowing receipt of hearing notice. Special thanks to IRAC. (Matter of Suilma-Andrade, 7/9/20) AILA Doc. No. 21041402
BIA Finds Possession of Methamphetamine in Colorado Is Not a Controlled Substance Offense
Unpublished BIA decision holds unlawful possession of a controlled substance (methamphetamine) under Colo. Rev. Stat. 18-18-403.5 not a controlled substance offense under reasoning of Arellano v. Barr, 784 F. App’x 609 (10th Cir. 2019). Special thanks to IRAC. (Matter of Holod, 7/9/20) AILA Doc. No. 21041401
BIA Finds Respondent Who Arrived 20 Minutes Late Did Not Fail to Appear
Unpublished BIA decision holds that the respondent did not fail to appear for his hearing where he arrived 20 minutes late and the IJ was still on the bench. Special thanks to IRAC. (Matter of Flores-Lopez, 7/2/20) AILA Doc. No. 21041201
4th Circ. Gives Former Gang Members A Shot At Protection
Law360: A split Fourth Circuit panel overturned part of the Board of Immigration Appeals’ precedential holding that former gang members may not be protected as a group from deportation, finding that the board inappropriately conflated criteria for relief under federal immigration law.
In a published order, the court denied a motion for attorneys’ fees pursuant to the Equal Access to Justice Act (EAJA), concluding that the government’s position was substantially justified and thus that the petitioner was not entitled to attorneys’ fees. (Meza-Vazquez v. Garland, 4/1/21) AILA Doc. No. 21041230
CA9 Holds That a Conviction for First-Degree Burglary of a Dwelling in Oregon Is a CIMT
The court held that the BIA permissibly found that first-degree burglary of a dwelling under Oregon Revised Statutes §164.225 is a crime involving moral turpitude (CIMT), and thus that petitioner’s conviction made him ineligible for cancellation of removal. (Diaz-Flores v. Garland, 4/6/21) AILA Doc. No. 21041234
Granting the petition for review of the BIA’s decision reversing an IJ’s grant of asylum, the court held that evidence compelled the conclusion that petitioner had established a nexus between her mistreatment in Mexico and her feminist political opinion. (Rodriguez Tornes v. Garland, 4/5/21) AILA Doc. No. 21041233
Denying the petition for review, the court held that the BIA properly found that petitioners, a mother and her son, were not persecuted “on account of” their alleged membership in a particular social group (PSG) consisting of the son’s immediate family. (Orellana-Recinos v. Garland, 4/5/21) AILA Doc. No. 21041235
CA11 Holds That Florida Felon-in-Possession Conviction Is Categorically an Aggravated Felony
The court held that a Florida conviction for being a felon in possession of a firearm is categorically an aggravated felony under INA §101(a)(43)(E)(ii), and thus found the petitioner to be removable based on his conviction under the Florida statute. (Aspilaire v. Att’y Gen., 4/6/21) AILA Doc. No. 21041237
Granting the petition for review and remanding, the court held that the BIA erred in finding that the petitioner, a denaturalized noncitizen, was removable as an aggravated felon based on convictions entered while he was an American citizen. (Hylton v. Att’y Gen., 3/31/21) AILA Doc. No. 21041236
The court held that the IJ and the BIA failed to provide reasoned consideration of the petitioner’s evidence of his well-founded fear of future persecution based on a pattern or practice of persecution toward dissident journalists in Cuba. (Martinez v. Att’y Gen., 4/7/21) AILA Doc. No. 21041238
Oral Arguments Set for Case on Policy Silencing IJs
Knight: Status: Oral argument scheduled for May 4, 2021 at 2pm. On July 1, 2020, the Knight Institute filed a lawsuit challenging a policy of the Executive Office for Immigration Review that imposes an unconstitutional prior restraint on the speech of immigration judges.
Emergency Presidential Determination on Refugee Admissions for FY2021
President Biden issued a determination revising the allocations for refugee admissions for FY2021 and maintaining the refugee admissions ceiling at 15,000. The memo notes that a subsequent determination may be issued to increase admissions if the ceiling is reached before the end of the fiscal year. AILA Doc. No. 21041633
USCIS Issues Open Letter on the Rescission of the 2019 Public Charge Rule
USCIS sent a letter to interagency partners stating that the 2019 Public Charge final rule is no longer in effect, and that DHS intends to partner with federal agencies, state and local governments, and nongovernmental stakeholders to ensure applicants and the public are aware of this change. AILA Doc. No. 21041632
DOS Provides FAQs on the Immigrant Visa Backlog
On Facebook, DOS provided FAQs on the immigrant visa backlog, including on what DOS is doing to reduce the backlog, reapplication procedures for individuals who were refused an immigrant visa due to Presidential Proclamations 9645 and 9983, K visas, diversity visas, employment visas, and more. AILA Doc. No. 20071435
Sen. Booker Revives Bill To Overhaul Immigration Detention
Law360: U.S. Sen. Cory Booker, D-N.J., reintroduced legislation on Thursday that would abolish contracts with private immigration detention centers and aim to improve conditions at facilities operated or overseen by the U.S. Department of Homeland Security.
I-765 Online Submission Pilot Program for Limited Categories
USCIS: Filing ONLY under one of these categories:
- (c)(3)(A) – Pre-completion OPT;
- (c)(3)(B) – Post-completion OPT; and
- (c)(3)(C) – 24-month extension for science, technology, engineering and mathematics (STEM) students
ACTIONS
- USCIS Updates Policy Guidance on Special Immigrant Juvenile Classification: Comments Due April 19.
- Comment on Security Bars and Processing (Again): Comments on amending or rescinding the Security Bars Rule must be submitted on or before April 21, 2021.
- USCIS Request for Public Input on Reducing Administrative Barriers: Comments are due May 19, 2021.
- March to Victory: Relay Across America
RESOURCES
- AILA: Tax Season Basics for 2021
- AILA: Practice Pointer: Utilizing a Reentry Permit to Avoid Admissions Issues for LPRs Impacted by COVID-19, and Other Considerations
- AILA: Think Immigration: One to Two Percent of People Are Autistic – How That Affects Your Practice
- AILA: Practice Alert: USCIS Begins Sending Invites to Certain Applicants to Resubmit I-485 Applications That Were Previously Rejected
- AILA: Client Flyer: Travel Issues for Permanent Residents in Pandemic Times
- AILA: Examining the Government’s Witness in Removal Proceedings
- ASISTA: Notes from Listening Session with USCIS
- CMS: DACA and the Supreme Court: How We Got to This Point, a Statistical Profile of Who Is Affected, and What the Future May Hold for DACA Beneficiaries
- CRS: Deferred Action for Childhood Arrivals (DACA): By the Numbers
- CRS: The Law of Asylum Procedure at the Border: Statutes and Agency Implementation
- CRS: Temporary Protected Status and Deferred Enforced Departure
- CRS: Citizenship and Immigration Statuses of the U.S. Foreign-Born Population
- GAO: Border Security: Assessment of the Department of Homeland Security’s Border Security Improvement Plan
- ILRC: Pereida v. Wilkinson and California Offenses
- ILRC: Determining Deferred Action for Childhood Arrivals (DACA) Eligibility
- Immi self-screening updated to include new TPS countries and initial DACA
- IRAP: Access to Documents by Eritrean Refugees
- JRS: Seeking Protection in a Pandemic: COVID-19 and the Future of Asylum
- USCIS: U Visa Approval and Denial Ratios, FY16-FY20 (PDF, 159.55 KB)
EVENTS
- 4/20/21 Motions to Reopen in Immigration Court: Part II – U and T MTR
- 4/20/21 Hot Topics in Naturalization Adjudications
- 4/20/21 The US-Mexico Border in Context
- 4/21/21 Working with Domestic Violence Immigrant Survivors: The Intersection of Basic Family Law, Immigration, Benefits, and Housing Issues in California 2021
- 4/22/21 Dissecting a BIA Decision for a Successful Circuit Court Appeal
- 4/22/21 Missing Ingredients in Diaspora Engagement in Development: Destination-Country Policies and Integration
- 4/22/21 Mendez Rojas and the One Year Asylum Bar: How the Settlement Agreement May Help Your Clients
- 4/22/21 Things I Wish I Knew Earlier: Best Practices for Immigration Policy Advocacy
- 4/23/21 Video Roundtable: Employment Authorization Updates for Asylum Seekers
- 4/27/21 The Relationship Between Immigration and Journalism
- 4/28/21 Community Defense: Legal Service Partnerships with Organizers
- 4/30/21 Dismantling MPP Moving Forward: Lessons Learned From Working With Detained People and Formerly Separated Families
- 5/4/21 Public Charge: Current State of Play
- 5/5/21 100 Days: Accountability on Immigration
- 5/5/21-5/6/21 U Visas: Advanced & Emerging Issues
- 5/6/21 IDP: The Ethics of Representing Clients with Criminal Contacts
- 5/6/21 Hot Topics in Asylum Law
- 5/10/21 All About DOJ Recognition and Accreditation
- 5/12/21 NYIC: Legal Research and Writing Training Series
- 5/12/21 New Virtual Workshop Models
- 5/13/21 Marijuana and Immigrants
- 5/17/21-5/20/21 CLINIC Convening 2021
- 5/18/21 DOJ Recognition & Accreditation
- 5/18/21 Ethics in Representing Family Members in U Visa, U AOS/929, and VAWA Cases
- 5/20/21 Understanding your Client’s Contact with the Criminal Legal System in New York City
- 5/26/21 Hot Topics in Removal Defense
- 6/1/21 VAWA Adjustment of Status Fundamentals
- 6/2/21-6/23/21 CLINIC Webinar Series: Overview of Immigration Consequences of Crimes
- 6/8/21-6/29/21 CLINIC Webinar Series: Citizenship and Naturalization
- 6/9/21 Hot topics: Adjudication and Enforcement Trends
- 6/10/21 Public Charge and Hot Topics in Consular Processing
- 6/14/21 Taxes at the Border: Understanding the Tax Consequences of Immigration Status
- 6/15/21 U Visa Hot Topics
- 6/15/21 Motions to Reopen in Immigration Court: Part III – VAWA Self-petitioners
- 6/22/21 Defending Immigration Removal Proceedings 2021
- 6/30/21 Immigration Update – June 2021
- 7/22/21 PLI: Defending Immigration Removal Proceedings 2021
- 9/23/21 Representing Children in Immigration Matters 2021: Effective Advocacy and Best Practices
ImmProf
Monday, April 19, 2021
- From the Bookshelves: The End of Asylum by By Andrew I. Schoenholtz, Jaya Ramji-Nogales, and Philip G. Schrag
- Peter Margulies: Biden’s Border Problem, and How to Fix It
- More inclusive language for immigrants at ICE, CBP
- America First Caucus Scrapped
- Senator Booker Revives Bill To Overhaul Immigration Detention
- Immigration Article of the Day: Expanding the Geographies of ‘Sanctuary’ and the Deepening and Contentious Nature of Immigration Federalism: The Case of California’s SB 54 by William Arroacha
Sunday, April 18, 2021
- From The Bookshelves: The Crate Escape by Brian Robson
- Immigration Article of the Day: Health Inequity and Tent Court Injustice by Craig Mousin
Saturday, April 17, 2021
- Call For Papers: AILA Law Journal, Fall 2021 Edition
- Former President George W. Bush Advocates for Immigration Reform
- Biden Administration Wavers on Refugee Admissions: Will It Cave on Immigration or Push for Change?
- Immigration Article of the Day: The Political Misrepresentation of Immigrants in the Census by Ming Hsu Chen
Friday, April 16, 2021
- UCLA Immigration Law and Policy Conference
- Supreme Court to Hear Arguments in TPS/Adjustment of Status Case
- AILA Calls for Article I Immigration Courts, Immigration Reform
- Immigration Article of the Day: Unsettling the Border by Sherally Munshi
Thursday, April 15, 2021
- From the Bookshelves: The Ungrateful Refugee by Dina Nayeri
- NAIJ challenge to gag orders
- Vera Report Release on Universal Representation
- Revisiting Immigration in the United States: reflection on the NAS Report
Thursday, April 15, 2021
- Throwback Thursday: U.S. Immigration Officers of Mexican Ancestry as Mexican Americans, Citizens, and Immigration Police by Josiah Heyman
- Texas sues Biden administration to reinstate Trump-era ‘remain in Mexico’ immigration policy
Wednesday, April 14, 2021
- John Oliver to Biden on Refguees: “Pick up a f–ing pen, and do the right thing”
- Biden names leading statistician who specializes in undocumented immigrantion as next Census Director
- Democrats send letter to Biden requesting immigration bill in second part of infrastructure package
Tuesday, April 13, 2021
- April 16: Sharing Responsibility for Refugees
- Carolyn Patty Blum: How Kamala Harris can find the solution for the migration crisis
- Immigration Article of the Day: Pleading the Fifth in Immigration Court: A Regulatory Proposal by Tania N. Valdez
- Raquel Aldana: “Citizenism” and the Shackles of Borders
- Restoring Asylum: The Challenges of “Building Back Better” at the Border
Monday, April 12, 2021
- Biden immigration nominees: CBP and USCIS
- Job Announcement: U. of Oklahoma Chair in Civil Rights, Race & Justice
- Immigration Article of the Day: Reagan’s Cold War on Immigrants: Resistance and the Rise of a Detention Regime, 1981–1985 by Kristina Shull
- Call For Papers–AALS 2022, New Voices in Immigration Law
- Biden Budget Immigration Priorities Differ from Trump’s
- Immigration and family separation policies at the US border inspire comic book ‘Home’
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Thanks, Elizabeth.
Note the unusual number of favorable BIA decisions in the “Litigation” section. Too bad they are all unpublished.
PWS
04-21-21