COVID-19
Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues as best you can.
EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, February 5, 2021. NYC non-detained remains closed for hearings.
TOP NEWS
Judge blocks wide-ranging asylum limits, finding DHS chief did not have authority to issue them
CBS: Another federal judge on Friday ruled that Chad Wolf was likely unlawfully appointed to his position at the helm of the Department of Homeland Security (DHS), issuing a decision that blocked a set of broad asylum limits slated to take effect Monday.
Trump Announced He Withdrew The Nomination Of Chad Wolf To Run DHS After He’d Criticized The Capitol Riot
Buzzfeed: White House officials said the withdrawal, taking place two weeks before the end of Trump’s term, was not connected to Wolf’s statement.
Trump’s refugee resettlement policy blocked by federal appeals court
WaPo: The U.S. Court of Appeals for the 4th Circuit said the administration’s policy undermines the national resettlement program created four decades ago by Congress.
Biden plans to nominate Merrick Garland as his attorney general
WaPo: President-elect Joe Biden plans to nominate federal judge Merrick B. Garland, a Democratic casualty of the bitter partisan divide in Washington, to be the next attorney general, tasked with restoring the Justice Department’s independence and credibility, according to people familiar with the decision.
Despite Senate Wins, Broad Immigration Reform Still Far Off
Law360: Democratic victories in Georgia’s heated Senate runoffs gave the party a slim majority in Congress, but without enough votes to end a filibuster.
To stay or to go?
WaPo: More than 2,500 detainees, most with no serious criminal history, have given up their cases since March, according to records from the Transactional Records Access Clearinghouse, a research group at Syracuse University. Those records also show that detainees put in deportation proceedings in July 2020 were twice as likely to opt for voluntary departure than those from a year before.
First new DACA applications approved in final weeks of 2020
WaPo: Over 170 new applicants have become the first individuals in several years to win approval to the Obama-era Deferred Action for Childhood Arrivals program for immigrants brought to the U.S. as young people, the U.S. government revealed in a court filing Monday.
Honduras president took bribes from drug traffickers, US prosecutors say
Guardian: US federal prosecutors have filed motions saying the Honduran president, Juan Orlando Hernández, took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the US.
Governor Cuomo Outlines 2021 Agenda: Reimagine | Rebuild | Renew
NY: This year, Governor Cuomo will continue to support the Liberty Defense Project to keep fighting for immigrants seeking a better life for themselves and their families. New York’s strength, character, and pride are found in the diversity and rich culture that makes us the Empire State.
LITIGATION/CASELAW/RULES/MEMOS
District Court Issues Nationwide Preliminary Injunction Against New Asylum Regulations
A federal district court in California preliminarily enjoined the government from implementing, enforcing, or applying the 12/11/20 final rule, “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.” (Pangea Legal Services, et al. v. DHS, et al., 1/8/21) AILA Doc. No. 21011107
EOIR Issues Policy Memo on Continuances
EOIR issued a memo (PM 21-13) updating and replacing OPPM 17-01, Continuances, to account for legal and policy developments subsequent to its issuance. The memo provides a non-exhaustive list of legal and policy principles as an aid to adjudicators considering common types of continuance requests. AILA Doc. No. 21011101
High Court Nixes 9th Circ. On Asylum-Seekers’ Bond Hearings
Law360: The U.S. Supreme Court on Monday threw out a Ninth Circuit ruling that detained asylum seekers who clear an initial fear screening must be given a prompt bond hearing, sending the case back to the appeals court for reconsideration.
SCOTUS grants cert in TPS case
SCOTUSblog: The case asks whether a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident status if those noncitizens originally entered the United States without being “inspected and admitted” – a term of art referring to lawful entry and authorization by an immigration officer.
The Solicitor General’s Extraordinary Push to Place Even More Immigration Cases on the Supreme Court Docket
ImmProf: There are four immigration related cases set to be considered, with three being petitions by the government (more SG petitions on distinct immigration issues than one would usually expect in the course of an entire year), and the other involving a case in which the SG is agreeing that certiorari is appropriate (also a rare position for the SG). The SG’s position in each of these cases shows an unusual aggressiveness towards the role of the Supreme Court.
BIA Rules on Adverse Credibility Findings Based on Fraudulent Documents
The BIA found that IJs may find a document to be fraudulent without forensic analysis if it contains obvious defects or readily identifiable hallmarks of fraud, and the party submitting the document is given an opportunity to explain the defects. Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021) AILA Doc. No. 21010801
CA3 Holds That Conspiracy to Commit Fraud of Over $10,000 in Intended Losses Is an Aggravated Felony
The court held that a conspiracy or attempt to commit fraud or deceit involving over $10,000 in intended losses is an aggravated felony, and remanded to determine whether petitioner’s convictions under 18 USC §1037(a) reflected over $10,000 in intended losses. (Rad v. Att’y Gen., 12/21/20) AILA Doc. No. 21010500
CA3 Finds Conferral of TPS Does Not Constitute an Admission
The court reversed the district court opinion and disagreed with CA6 and CA9 interpretations of the statute, by holding that a grant of TPS does not constitute an “admission” into the United States under INA §1255. (Sanchez v. Wolf, 7/22/20) AILA Doc. No. 21011100
CA8 Upholds Denial of Petitioner’s Motion to Reopen Removal Proceedings Based on Changed Country Conditions in Somalia
The court upheld the BIA’s denial of petitioner’s motion to reopen based on changed country conditions in Somalia, finding that the BIA did not fail to consider al-Shabaab’s increase in power or ISIS-Somalia’s emergence and growing violence from 2011 to 2018. (Mohamed v. Barr, 12/23/20) AILA Doc. No. 21010502
CA9 Finds Petitioner’s Proposed Social Group of “Known Drug Users” Lacked Particularity
The court held that the Vietnamese petitioner had waived review of the BIA’s discretionary denial of asylum relief, and that his proposed social group comprised of “known drug users” was not legally cognizable because it lacked particularity. (Nguyen v. Barr, 12/21/20) AILA Doc. No. 21010503
CA9 Upholds Presidential Authority to Issue Healthcare Insurance Proclamation
The court reversed an injunction of PP 9945, which requires IV applicants to demonstrate acquisition of health insurance or ability to pay for future healthcare costs. The court found the proclamation within the president’s executive authority. (Doe, et al., v. Trump, et al., 12/31/20) AILA Doc. No. 21010436
President Trump Issues Memorandum on Inadmissibility of Persons Affiliated with Antifa Based on Organized Criminal Activity
President Trump issued a memorandum directing the Secretary of State to assess whether to classify Antifa as a terrorist organization under 8 USC §1182(a)(3)(B)(vi), and to take steps to consider listing Antifa in 9 FAM 302.5-4(B)(2)(U), Aliens Who Are Members of an Identified Criminal Organization. AILA Doc. No. 21010635
USCIS Provides Update on Receipt Notice Delays for Forms Filed with USCIS Lockbox
USCIS provided additional updates about lockbox operations, noting that applicants may face delays of four to six weeks in receiving receipt notices for some applications and petitions filed at a USCIS lockbox facility. Delays may vary among form types and lockbox locations. AILA Doc. No. 20121534
RESOURCES
EVENTS
- 1/12/21 Unemployment Insurance
- 1/12/21-2/26/21 Comprehensive Overview of Immigration Law
- 1/13/21 Office of the Citizenship and Immigration Services Ombudsman’s Webinar Series: How the Department of Homeland Security is Combatting Human Trafficking and Forced Labor in Imported Goods
- 1/13/21 Practical Tips for Preparing Cover Letters, Memos, and Client Statements
- 1/14/21 USCIS Webinar: 2020 Revised Naturalization Civics Test
- 1/14/21 Documentary: “Searching for Disappeared Migrants”
- 1/14/21 COVID Flexibility Provisions with Form I-9 and E-Verify
- 1/21/21 Forever Virtual: Positive and Ethical Virtual Changes to Your Practice During and After the Pandemic
- 1/21/21 Immigration in 2021: Anticipating Changes under a New Administration
- 1/22/21 Immigrant eligibility for public benefits in New York State
- 1/25/21-2/8/21 Three-Part Webinar Series: All About Public Charge Inadmissibility
- 1/26/21 Entries, Exits, Re-entries: Dealing with 212(a)(9) Inadmissibility Issues
- 1/28/21 3rd Annual Western New York Refugee Film Festival
- 1/28/21-03/11/21 Case Management Techniques and Strategies
- 1/29/21 Nuts and Bolts of DACA Filings in 2021
- 2/1/21 Current Status of the USCIS Fee Rule and Fee Waivers
- 2/2/21 Post-Inauguration: An Immigration Update
- 2/4/21 Basic Immigration Law 2021: Business, Family, Naturalization and Related Areas
- 2/5/21-2/6/21 2021 New York Asylum & Immigration Conference
- 2/5/21 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Immigration Relief 2021
- 2/5/21 Addressing Domestic Violence 2021: Remote Family and Immigration Law Practice During Pandemic or Disaster
- 2/9/21 What Every Lawyer Should Know About U.S. Immigration Law
- 2/10/21 Public Charge Emerging Issues
- 2/10/21 All About DOJ Recognition and Accreditation
- 2/16/21 DACA: Updates and Changes to the Program
- 2/25/21-4/8/21 Introduction to Family-Based Immigration Law
- 3/2/21 SIJS-based Adjustment of Status before EOIR
- 3/4/21 TPS Updates
- 3/12/21 Strategies and Tactics for Successful Immigration Appeals
- 3/16/21 Representing Immigrants in Family Court
- 3/23/21 Understanding the Conditional Permanent Residence Petition (Form I-751)
- 3/30/21 Public Charge and the Affidavit of Support
- 4/15/21 DACA
- 4/20/21 Hot Topics in Naturalization Adjudications
- 4/21/21 Working with Domestic Violence Immigrant Survivors: The Intersection of Basic Family Law, Immigration, Benefits, and Housing Issues in California 2021
- 4/28/21 Community Defense: Legal Service Partnerships with Organizers
- 5/4/21 Public Charge: Current State of Play
- 5/6/21 Hot Topics in Asylum Law
- 5/13/21 Marijuana and Immigrants
- 5/18/21 Ethics in Representing Family Members in U Visa, U AOS/929, and VAWA Cases
- 5/26/21 Hot Topics in Removal Defense
- 6/1/21 VAWA Adjustment of Status Fundamentals
- 6/9/21 Hot topics: Adjudication and Enforcement Trends
- 6/10/21 Public Charge and Hot Topics in Consular Processing
- 6/15/21 U Visa Hot Topics
- 6/22/21 Defending Immigration Removal Proceedings 2021
- 6/30/21 Immigration Update – June 2021
ImmProf
Monday, January 11, 2021
Sunday, January 10, 2021
Saturday, January 9, 2021
Friday, January 8, 2021
Thursday, January 7, 2021
Wednesday, January 6, 2021
Tuesday, January 5, 2021
Monday, January 4, 2021
Human rights are being violated and taxpayer funds (in an already “over budget” USG) are being poured down the toilet 🚽 by the minute by the out of control, maliciously incompetent kakistocrats at EOIR, DHS, and in the SG’s Office to name just a few of the most obvious “national disgraces” that need an immediate fix!
