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Recent Postings

Past 2 Weeks Past 4 Weeks

  • 7/3/2008 CA7 Finds IJ Erred in Rejecting Asylum Claim of Albanian Whistleblower
    The court found that it was premature for the IJ to conclude his analysis by only examining Petitioner’s activities during his military service. The court also found that it was not decisive that the corruption of which Petitioner complained did not pervade every level of the Albanian government. (Haxhiu v. Mukasey, 3/19/08). AILA Doc. No. 08070366.
  • 7/3/2008 CA8 Upholds Adverse Credibility Finding in Nigerian Asylum Claim
    The court held that the IJ offered an adequate explanation for the adverse credibility assessment and that the record supported the IJ’s determination. The court also upheld the IJ’s finding that Petitioner failed to make an effort to obtain the most basic corroborating information, such as proof of his Ogoni ethnicity. (Osonowo v. Mukasey, 4/7/08). AILA Doc. No. 08070365.
  • 7/3/2008 H-2B Count Updated
    On July 1, 2008 USCIS updated the count of H-2B petitions received and counted towards the H-2B cap. As of July 1, 2008, 17,305 petitions have been counted towards the 33,000 cap for the first half of fy 2009. AILA Doc. No. 08070362.
  • 7/3/2008 CA9 Remands Asylum Claim where IJ Failed to Make Credibility Finding
    The court held that the IJ erred by failing to make a credibility finding. The court noted that instances where the IJ has conflated an adverse credibility finding with an adverse decision on the merits have been appearing before the court with increasing frequency. The court found that the proper course was to remand. (Huang v. Mukasey, 3/24/08). AILA Doc. No. 08070364.
  • 7/3/2008 Alternatives to Detention (.pdf 64 KB) AILA’s Position Paper is support of creating community-based alternatives to detention programs that allow individuals, including vulnerable populations, to be released from detention. AILA Doc. No. 08070361.
  • 7/2/2008 Questions Sought for July 24, 2008, NSC Teleconference on “Other” Product Line
    The Nebraska Service Center Liaison Committee requests questions for the July 24, 2008 teleconference on the OTHER Product Line. Please submit your non-case specific questions regarding the product lines listed below by COB on Wednesday, July 9, 2008. AILA Doc. No. 08070271.
  • 7/2/2008 AILA 2008 National Officers and Board Election Results (.pdf 19 KB) AILA is pleased to announce the results of our 2008 national election of Officers and Board of Governors. AILA Doc. No. 08070270.
  • 7/2/2008 ICE Arrests 45 People Employed by Maryland Painting Business
    On 6/30/08 ICE raided Annapolis Painting Services in Maryland, arresting 45 employees on administrative immigration violations. AILA Doc. No. 08070268.
  • 7/2/2008 The ID Divide: Addressing the Challenges of Identification and Authentication in American Society – Center for American Progress
    On 06/02/08, the Center for American Progress released a report entitled “The ID Divide: Addressing the Challenges of Identification and Authentication in American Society” on the recent sharp rise in how often Americans are asked for proof of identity, the problems it has created, and policy recommendations on how to address those problems. AILA Doc. No. 08070267.
  • 7/2/2008 The Pulse: AILA’s Capitol Beat –July 1, 2008
    The 127th issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about a new report issued by the National Immigration Law Center entitled "The L.A. Rapid Response Network” about how advocates responded to recent workplace raids. Also, contact Congress in support of the Secure and Safe Detention and Asylum Act. AILA Doc. No. 08070266.
  • 7/2/2008 USCIS Launches FOIA Request Status Check (.pdf 29 KB) U.S. Citizenship and Immigration Services (USCIS) launched the online FOIA Request Status Check service, which provides a quick and secure way to check the status of Freedom of Information Act (FOIA) requests. An immediate response may be obtained online by entering the assigned control number into the FOIA Request Status Check. AILA Doc. No. 08070265.
  • 7/2/2008 CIS Ombudsman Report for 2008 Released (.pdf 8940 KB) On June 30, 2008, the Citizenship and Immigration Service (CIS) released the Ombudsman Report for 2008. The Report specifically discusses the backlog of FBI name checks and the large number of immigration applications filed in 2007. AILA Doc. No. 08070269.
  • 7/2/2008 New Passport Center Opened in Tucson, Arizona
    The Tucson Passport Center opened on June 30, 2008, and will produce passports and Border Crossing Cards. AILA Doc. No. 08070264.
  • 7/2/2008 CA11 Vacates Earlier Asylum Decision; Removes “Courage” Language
    The court vacated its Jan. 11, 2008 decision (AILA InfoNet Doc. No. 08022164). It reissued substantially the same decision, adding 3 additional paragraphs and deleting 3 sentences. The court removed the language: “Courage does not negate fear.” It continued to hold that that Petitioner had a subjective fear. (Santamaria v. U.S. Att’y Gen., 4/22/08). AILA Doc. No. 08070263.
  • 7/2/2008 CA2 Remands, Finding Petitioner Did Not Waive His Right to BIA Appeal
    The court held that while accepting an IJ’s decision as final can serve as an effective waiver of appeal, the record between the IJ and Petitioner did not support the conclusion that Petitioner or counsel understood the nature of the waiver. (Ali v. Mukasey, 5/2/08). AILA Doc. No. 08070262.
  • 7/2/2008 CA3 Rejects Taylor/Shepard Approach in Determining Amount of Loss in Fraud Conviction
    The court held that for purposes of determining the amount of loss under INA §101(a)(43)(M)(i), where a petitioner has not admitted to an amount in a plea agreement, nor has a jury found an amount as part of a conviction, a court may inquire into facts outside the record of conviction. (Nijhawan v. AG of the United States, 5/2/08). AILA Doc. No. 08070261.
  • 7/2/2008 CA9 Finds Evading a Police Officer Under California Law is Not Categorically an Aggravated Felony
    The court held that evading an officer in violation of Cal. Vehicle Code, §2800.2(a) is not categorically an aggravated felony “crime of violence” and that there was insufficient evidence to conclude that Petitioner pleaded guilty to an aggravate felony “theft offense” for the unlawful taking of a vehicle. (Penuliar v. Mukasey, 4/22/08). AILA Doc. No. 08070260.
  • 7/1/2008 AILA Mourns Another Deep Loss
    The immigration world loses another of its lions, as Stephen Fischel dies at age 59. AILA Doc. No. 08070160.
  • 6/28/2008 USCIS Revises Instructions for Applications Previously Processed in Tijuana (.pdf 27 KB) On 6/27/08, USCIS revised its instructions regarding where to file applications previously processed by the Tijuana Field Office. AILA Doc. No. 08062830.
  • 6/28/2008 CA4 Holds Ineffective Assistance Not a 5th Amendment Due Process Violation
    The court held that retained counsel’s ineffectiveness in a removal proceeding cannot deprive a person of his Fifth Amendment right to a fundamentally fair hearing. The court reasoned that counsel was not a state actor and there was not sufficient nexus between the federal government and counsel’s ineffectiveness. (Afanwi v. Mukasey, 5/19/08). AILA Doc. No. 08062861.
  • 6/28/2008 CA2 Finds IJ Has Discretion to Accept Late Filing of Supporting Asylum Docs
    The court held that where an asylum applicant has demonstrated good cause for the failure to timely file documents and a likelihood of substantial prejudice from enforcement of the deadline, an IJ may, in the exercise of his informed discretion, depart from the deadline imposed by the relevant local rules. (Dedji v. Mukasey, 5/8/08). AILA Doc. No. 08062862.
  • 6/28/2008 CA6 Rejects Chinese Withholding and CAT Claims Based on U.S. Born Children
    The court noted that children born outside of China are not counted for purposes of China’s population control policies continues to be accepted by the BIA, as well as other appeals courts. The court held that Petitioner failed to demonstrate that the evidence compelled a different conclusion. (Huang v. Mukasey, 4/25/08). AILA Doc. No. 08062863.
  • 6/28/2008 CA1 Upholds Finding of No Past Persecution in Indonesian Withholding Claim
    The court rejected Petitioner’s argument that neither the IJ nor the BIA made a past persecution finding. The court found that past persecution findings are “easily inferable” and in Petitioner’s case both the IJ and BIA discussed the past incidents and found they failed to justify the relief Petitioner requested. (Pulisir v. Mukasey, 4/29/08). AILA Doc. No. 08062864.
  • 6/28/2008 Special Immigrant Juvenile Status Caseworker’s Toolkit for Children in Federal Custody
    The Special Immigrant Juvenile Status (SIJS) Caseworker’s Toolkit for Children in Federal Custody was primarily developed for foster care caseworkers assisting children in federal custody in order to ensure that SIJS-eligible children receive the assistance and case monitoring they need during the SIJS application process. AILA Doc. No. 08062860.
  • 6/27/2008 Clarification on Upcoming USCIS Case Status Online System Outage (updated 5:45 PDT)
    USCIS clarified an announcement regarding an upcoming Case Status Online system outage, to confirm that it is scheduled for 6/28/08 from 8am to 3pm EDT. AILA Doc. No. 08062731
  • 6/27/2008 ICE Raids Airline Manufacturer Near Seattle (.pdf 22 KB) On 6/26/08, ICE raided an aircraft manufacturing plant near Seattle, Washington, arresting 32 employees on administrative immigration violations. AILA Doc. No. 08062730.
  • 6/27/2008 USCIS Restores Previously Valid I-9 to Website
    USCIS has revised the Form I-9 page on its website to indicate that it is accepting the “Rev. 6/5/07” edition of the form. USCIS recently released a new edition of Form I-9, dated 6/16/08. AILA Doc. No. 08062733.
  • 6/26/2008 CA9 Finds Aiding and Abetting Assault with a Deadly Weapon is an Aggravated Felony
    The court held that a person convicted of aiding and abetting an assault with a deadly weapon under Cal. Penal Code §245(a)(1) has committed a crime of violence, and thus an aggravated felony, as if he had personally committed the offense. (Ortiz-Magana v. Mukasey, 4/28/08). AILA Doc. No. 08062661.
  • 6/26/2008 CA9 Finds Subjective Intent is Not Relevant to “Changed Circumstances”
    The court held that there was no support in the statute, case law, or purposes of the statute for the IJ’s holding that Petitioner did not qualify for the changed circumstances exception to asylum filing deadline solely because his subjective intent to apply existed before the expiration of the one-year period. (Fakhry v. Mukasey, 5/5/08). AILA Doc. No. 08062662.
  • 6/26/2008 CA6 Finds “Personal Dispute” with UAE Prince Not Basis for Asylum
    The court found substantial evidence supported the IJ’s conclusion that Petitioner was an angry investor, not a political dissident, when he confronted a United Arab Emirates Prince and called him a thief. The court held that asylum is not available to an applicant who fears retribution solely over a personal matter. (Zoarab v. Mukasey, 5/6/08). AILA Doc. No. 08062664.
  • 6/26/2008 CA9 Upholds Denial of MTR Asylum Claim Based on Changed Circumstances
    The court held that the BIA’s interpretation of INA §208(a)(2)(D) and §240(c)(7) in Matter of C-W-L- was reasonable and deferred to it. The court upheld the BIA’s finding that Petitioner could apply for asylum only by filing a motion to reopen, subject to time and number limitations, despite a change in circumstances. (Chen v. Mukasey, 5/2/08). AILA Doc. No. 08062665.
  • 6/26/2008 CBP Announces Registered Traveler Program Partnership with the UK
    On 6/24/08, CBP announced a joint agreement with the UK to integrate CBP’s Global Entry program with the British registered traveler program. AILA Doc. No. 08062636.
  • 6/26/2008 TSA Announces Changes to ID Requirements at Airports
    On 6/23/08 TSA announced that as of two days prior, on 6/21/08, passengers that willfully refuse to provide identification at a security checkpoint will be denied access to the secure area of airports. AILA Doc. No. 08062635.
  • 6/26/2008 Fervor for REAL ID is Fading Says Cato’s Jim Harper
    DHS may have awarded almost $80 million in grants for REAL ID implementation, but the Cato Institute’s Jim Harper thinks that the fervor for REAL ID is fading. Also, he details one man’s experience with IDless travel, which resulted in a background check that included his political affiliation. AILA Doc. No. 08062634.
  • 6/26/2008 The Pulse: AILA’s Capitol Beat – June 24, 2008
    The 126th issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read the Director's Corner to learn how you can become an immigration resource for candidates during this election season. Also, contact Congress in support of the Secure and Safe Detention and Asylum Act (S. 3114). AILA Doc. No. 08062660.
  • 6/26/2008 ICE Raids Action Rags in Houston; Arrests More than 160 (.pdf 20 KB) On 6/25/08 ICE raided Action Rags USA, an international supplier of used clothing and rags. More than 160 employees were arrested on administrative immigration violations. AILA Doc. No. 08062633.
  • 6/26/2008 USCIS Releases New Edition of Form I-9
    USCIS posted a new edition for Form I-9, Employment Eligibility Verification, dated 6/16/08, to its website. No previous editions of the form are being accepted. AILA Doc. No. 08062631.
  • 6/26/2008 EOIR Updates Section 4.15(j) of Immigration Court Practice Manual
    EOIR updated section 4.15(j) of the Immigration Court Practice Manual on 6/20/08. AILA Doc. No. 08062630.
  • 6/25/2008 Supreme Court Allows Recovery of Paralegal Fees at Market Rate Under EAJA
    The Supreme Court held that a prevailing party in a case brought by or against a government agency may recover fees for paralegal services at the prevailing market rate. Recovery of paralegal fees is not limited to the cost of such services to the prevailing party’s attorney. (Richlin Security Service Co. v. Chertoff, 6/2/08). AILA Doc. No. 08062563.
  • 6/25/2008 Supreme Court Opens Door to Tougher Sentences for Career Criminals
    The Supreme Court held that for purposes of sentencing under the Armed Career Criminal Act, a court charged with determining whether a prior drug “offense” is “serious” under ACCA §924(e)(2)(A) may consider recidivist sentencing enhancements for repeat offenders. (United States v. Rodriquez, 5/19/08). AILA Doc. No. 08062562.
  • 6/25/2008 CA9 Discusses Ineffective Assistance Rendered by Non-Attorney
    The court held that knowing reliance upon the advice of a non-attorney cannot support a claim for ineffective assistance of counsel in removal proceedings. (Hernandez v. Mukasey, 4/30/08). AILA Doc. No. 08062561.
  • 6/25/2008 CA9 Finds Record Compels Conclusion of Imputed Political Opinion Nexus
    The court held that Petitioner demonstrated the facts necessary to prove an imputed political opinion claim. The court concluded that there was substantial evidence to compel the conclusion that Petitioner was persecuted on account of an imputed political opinion and was thus eligible for asylum. (Silaya v. Mukasey, 5/6/08). AILA Doc. No. 08062564.
  • 6/25/2008 CA9 Finds “Annoying or Molesting a Child” Under CA Law is Not Categorically a CIMT
    The court held that a misdemeanor conviction under Cal. Penal Code §647.6(a), for annoying or molesting a child under the age of eighteen is not categorically a crime involving moral turpitude. (Nicanor-Romero v. Mukasey, 4/24/08). AILA Doc. No. 08062560.
  • 6/23/2008 CA7 Criticizes NIV Form DS-156; Allows Petitioner to Proceed With §212(d)(3) Waiver
    Citing the “fatally flawed” Form DS-156 and the immigration judge’s failure to advise Petitioner of all available avenues of relief, the court held that the BIA erred in finding that Petitioner lost the opportunity to seek a waiver under INA §212(d)(3) by not specifically requesting such relief in proceedings. (Atunnise v. Mukasey, 4/30/08). AILA Doc. No. 08062330.
  • 6/23/2008 CA2 Finds Criminal Stop-Time Rule Not Impermissibly Retroactive as Applied to Pre-IIRIRA Conduct
    The court held that the stop-time rule under INA §240A(d)(1)(B) was not impermissibly retroactive as applied to Petitioner, whose proceedings were initiated post-IIRIRA. IIRIRA did not change the consequences of the pre-IIRIRA criminal act because commission of the crime rendered Petitioner deportable upon conviction. (Martinez v. INS, 4/23/08). AILA Doc. No. 08062359.
  • 6/23/2008 AILA Liaison/NSC Q & As on Refugee & Asylee Issues (6/19/08) (.pdf 52 KB) The Q & As address processing times, reentry permits for refugee/asylee green card holders, I-730s, adjustments, Iraqi special immigrants, Liberian applicants, material support, I-693 medical exams, EADs and more. AILA Doc. No. 08062379.
  • 6/23/2008 CA5 Holds Misprision of a Felony Necessarily Involves Fraud or Deceit
    The court held that misprision of a felony under 18 USC §4 necessarily involves fraud or deceit for purposes of INA §101(a)(43)(M)(i). Therefore, Petitioner, who did not dispute that the amount of loss resulting from his misprision conviction exceeded $10,000, was convicted of an aggravated felony. (Patel v. Mukasey, 4/29/08). AILA Doc. No. 08062378.
  • 6/23/2008 CA5 Finds Filing a False Tax Return is an Aggravated Felony Under INA §101(a)(43)(M)(i)
    The court held that INA §101(a)(43)(M) does not limit aggravated felony tax offenses to tax evasion, as referenced in subsection (M)(ii), and that filing a false tax return in violation of 26 USC §7206(1) is an aggravated felony under subsection (M)(i) if it involves a loss exceeding $10,000. (Arguelles-Olivares v. Mukasey, 4/22/08). AILA Doc. No. 08062377.
  • 6/23/2008 CA3 Remands Colombian Asylum Case Based on PSG/Well-Founded Fear of FARC
    The court held that Petitioner established that she is a member of the social group of “women who have escaped involuntary servitude after being abducted and confined by the FARC” and showed a well-founded fear of persecution. The court remanded for determinations on internal relocation and CAT. (Gomez-Zuluaga v. Att’y Gen. of the U.S., 5/30/08). AILA Doc. No. 08062376.
  • 6/23/2008 CA1 Finds Threats Can Amount to Persecution in Cambodian Withholding Claim
    The court held that credible threats can, depending on the circumstances, amount to persecution, especially when the assailant threatened the applicant with death, in person, and with a weapon. The court criticized the IJ for allowing his preconceptions to color his evaluation of the death of Petitioner’s husband. (Sok v. Mukasey, 5/22/08). AILA Doc. No. 08062375.
  • 6/23/2008 InfoNet Launches New Search Featu