Strengthening the Legal Immigration System

DHS remarks by Secretary Janet Napolitano on the overall state of our homeland security, including major initiatives involving border security and immigration in the coming year, such as strengthening the legal immigration system, and rolling out E-Verify “Self Check.”

FY2011 cap for H-1B petition has been reached

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 1/26/11, the FY2011 cap-subject H-1B petition cap has been reached. USCIS has receipted more than 20,000 H-1B petitions for aliens with advanced degrees.

Requests to expedite adjudication of Form I-601

USCIS draft memorandum on requests to expedite adjudication of Form I-601, Application for Waiver of Grounds of Inadmissibility, filed by individuals outside the U.S. Form I-601 I-601 meaning I-601 petitions Our Immigration Law Firm

Decision on Review of Sua Sponte Reopening

The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful standard to allow court review of sua sponte reopening. (Mejia-Hernandez v. Holder, 1/27/11)

New York Penal Law §263.05

The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)

How Petitioner violated Cal. Health & Safety Code §11352(a)?

The court remanded, finding the record inconclusive as to how Petitioner violated Cal. Health & Safety Code §11352(a), and that the BIA erred in concluding he had been convicted of an aggravated felony trafficking offense. (Young v. Holder, 1/28/11) Petitioner: questions and answers Petitioner to pursue an argument never presented to the BIA Petitioner income …

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Denial of Indonesian Asylum Claim

The court found that the harm suffered by Petitioner did not rise to the level of persecution and that her returns to Indonesia, and the presence of family in Indonesia without further violence, undercut her fear of future persecution. (Ritonga v. Holder, 1/28/11) https://cbocalbos.wordpress.com/tag/asylum-2/ https://cbocalbos.wordpress.com/tag/appeal-asylum/ https://cbocalbos.wordpress.com/tag/asylum/ https://californiaimmigration.us/asylum/

Denial of Unsigned ETA 9089

BALCA affirmed the CO’s denial and rejected the employer’s argument that he was forced to submit the application without the alien’s signature because the alien currently works in a rural region of Kosovo with limited mail service. (Matter of Café Italiano, 1/27/11) https://cbocalbos.wordpress.com/tag/denial-of-unsigned-eta-9089/ https://cbocalbos.wordpress.com/tag/eta/ https://cbocalbos.wordpress.com/tag/eta-9089/ https://californiaimmigration.us/our-immigration-law-firm/

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