CA9 on Continuous Physical Presence Requirement

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The court found that the petitioner was not eligible for cancellation of removal because he had been subject to a “formal, documented process” sufficient to break continuous physical presence. https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization#:~:text=Naturalization%20is%20the%20process%20by,and%20Nationality%20Act%20(INA). https://atomic-temporary-10880024.wpcomstaging.com/tag/best-deportation-lawyer/ https://atomic-temporary-10880024.wpcomstaging.com/tag/american-immigration-lawyers-association/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationlawyer/

District Court Orders Disclosure of DOJ Emails

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The court ordered the government to disclose Department of Justice emails communicating the policy for returning immigrants who are wrongfully deported while their judicial appeals are pending. https://www.usa.gov/immigration-and-citizenship https://atomic-temporary-10880024.wpcomstaging.com/tag/23-new-immigration-judges/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationlawyer/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationattorney/

DOL Announces Final Rule on Non-Agricultural Employment of H-2B Aliens

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DOL final rule, to be published in the Federal Register on 2/21/12, amends the regulations governing the certification of H-2B temporary or seasonal workers, and the enforcement of the obligations applicable to employers of such nonimmigrant workers. https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html https://atomic-temporary-10880024.wpcomstaging.com/tag/work-visa/ https://atomic-temporary-10880024.wpcomstaging.com/tag/temporary-work-visa/ https://atomic-temporary-10880024.wpcomstaging.com/tag/specialty-occupation-work-visa/

CA9 Finds Petitioner Suffered Past Persecution as an Infant

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The court found that the petitioner suffered past persecution as an infant in Guatemala where his indigenous family suffered severe persecution, and where the petitioner suffered serious deprivations directly attributable to the persecution. https://www.uscis.gov/ https://atomic-temporary-10880024.wpcomstaging.com/tag/updated-uscis-forms/ https://atomic-temporary-10880024.wpcomstaging.com/tag/applications-to-uscis/ https://atomic-temporary-10880024.wpcomstaging.com/tag/2010-uscis-fee-schedule/

Assistant Attorney General Tony West Speech on State Immigration Laws

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DOJ speech transcript from Assistant Attorney General Tony West’s speech at the American Constitution Society Sou https://www.uscis.gov/laws-and-policy https://atomic-temporary-10880024.wpcomstaging.com/tag/american-immigration-attorney/ https://atomic-temporary-10880024.wpcomstaging.com/tag/new-immigration-laws/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigration-laws/

CA9 on Prosecutorial Discretion in Rehearing Cases

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The court issued five published decisions on 2/6/12, each one ordering the government to advise the court whether it intended to exercise prosecutorial discretion in the case. https://travel.state.gov/content/travel/en/us-visas.html https://atomic-temporary-10880024.wpcomstaging.com/tag/b-2-visitor-visa/ https://atomic-temporary-10880024.wpcomstaging.com/tag/agricultural-visa/ https://atomic-temporary-10880024.wpcomstaging.com/tag/a-visa/

CA7 on Particular Social Group in Albanian Asylum Case

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The court found that the social group of “young Albanian women in danger of being trafficked for prostitution” lacked the common, immutable characteristic required of a particular social group. https://www.americanimmigrationcouncil.org/research/asylum-united-states https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-ban/ https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-agreements/ https://atomic-temporary-10880024.wpcomstaging.com/tag/appeal-asylum/

CA7 Reverses Harboring Conviction

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The court found that no trier of fact could reasonably find that the defendant had “harbored” her boyfriend based on the stipulated facts, noting that harboring was not the same as merely providing a place to stay. https://www.archivesfoundation.org/documents/refugee-act-1980/ https://atomic-temporary-10880024.wpcomstaging.com/tag/cuban-refugee-adjustment-act/ https://atomic-temporary-10880024.wpcomstaging.com/tag/bureau-of-population-refugees-and-migration/ https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-persecution-well-founded-fear-of-persecution-refugee-credible-fear-interview-spanish-deportation-lawyer-spanish-immigration-lawyer-spanish-deportation-attorney-immigration-lawy/

I can’t adopt in Vietnam

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I can’t Adopt from Vietnam? Question: I’m from the Philippines and cannot have a child. Thus, I wanted to adopt a child from Vietnam. I’m running into problems now. Is there a situation from Vietnam adoptions? Answer: U.S. Citizenship and Immigration Services (USCIS) today announced it cannot approve a Form I-800, Petition to Classify Convention …

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EB-5 Regional Centers Seminar Recording

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EB-5 has become a go to source for business organizations seeking a viable source of alternative capital. Listen in to learn about the requirements of Regional Center Designation. This AILA Seminar recording is available for purchase; choose from immediate download or CD. https://www.uscis.gov/citizenship https://atomic-temporary-10880024.wpcomstaging.com/tag/citizenship-and-integration-grant-program/ https://atomic-temporary-10880024.wpcomstaging.com/tag/citizenship-immigration-data-repository-cidr/ https://atomic-temporary-10880024.wpcomstaging.com/tag/child-citizenship-act/

CA10 Finds No Past Persecution in Chinese Asylum Case

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The court found that the economic penalties imposed on the petitioner as result of his resistance to Chinese population control policies did not rise to the level of past persecution, and affirmed the denial of asylum and CAT relief. https://www.uscis.gov/citizenship https://atomic-temporary-10880024.wpcomstaging.com/tag/certificate-of-citizenship/ https://atomic-temporary-10880024.wpcomstaging.com/tag/acquisition-of-u-s-citizenship/ https://atomic-temporary-10880024.wpcomstaging.com/tag/derivative-citizenship-under-former-ina-%c2%a7321a/

CA4 on Drug Conviction and Naturalization

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The court affirmed a district court decision denying the plaintiff’s application for naturalization, holding his 2002 drug conviction, which was subsequently set aside on rehabilitative grounds, remains unchanged for immigration purposes. https://www.uscis.gov/green-card https://atomic-temporary-10880024.wpcomstaging.com/tag/getting-the-green-card-through-marriage/ https://atomic-temporary-10880024.wpcomstaging.com/tag/extgension-of-green-card/ https://atomic-temporary-10880024.wpcomstaging.com/tag/biden-green-card-ban-ban-visa-lottery-diverity-lottery/

CA9 on Derivative Citizenship and Equal Protection

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The court held the petitioner did not derive citizenship under the controlling statute – 8 U.S.C. § 1432(a) – because only one of his parents naturalized before his eighteenth birthday, and that the statute did not deny equal protection. https://www.uscis.gov/citizenship https://atomic-temporary-10880024.wpcomstaging.com/tag/23-new-immigration-judges/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationattorney/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigration-reform-2014/

ICE Releases New Detainee Transfer Policy

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ICE directive, effective 1/4/12, establishing new requirements for the transfer of immigration detainees. ICE states that the new policy will substantially reduce the transfer of detainees who have family members, attorneys, or pending immigration proceedings in the area. https://www.uscis.gov/ https://atomic-temporary-10880024.wpcomstaging.com/tag/uscis/ https://atomic-temporary-10880024.wpcomstaging.com/tag/payment-options-at-uscis-domestic-offices/ https://atomic-temporary-10880024.wpcomstaging.com/tag/applications-to-uscis/

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