The REAL ID Act did not overrule Sandoval-Lua

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The REAL ID Act did not overrule Sandoval-Lua, which held that the alien’s burden of proving eligibility for cancellation is met where the record of conviction is inconclusive as to whether the crime is an aggravated felony. (Rosas-Castaneda v. Holder, 1/4/11)

Lawyers have a Duty to Investigate all Grounds for Asylum

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The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers.

Adopting the approach of the Second,Third, and Fifth Circuits

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Adopting the approach of the Second, Third, and Fifth Circuits, the court held that a guilty plea and a finding of guilt, with a sentence of time served, qualifies as a “conviction” under INA §101(a)(48). (Rodriguez v. USCIS, 1/4/11)

U.S. Embassy London remind members that the Border Security Fee now in effect for certain H-1B and L-1 cases

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U.S. Embassy London remind members of the Border Security Fee now in effect for certain H-1B and L-1 cases. Although the fee in most cases is usually paid to USCIS when the petition is filed, blanket L-1 fees are collected at the Embassy or Consulate.

Secure Communities is now activated in Saline County, Kansas

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ICE press release announcing that Secure Communities is now activated in Saline County, Kansas. With the expansion of Secure Communities to Saline County, ICE is now using this capability in two Kansas jurisdictions.

The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed

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The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the NOF was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)

Secure Communities in Sacramento County

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ICE press release announcing that the activation of Secure Communities in Sacramento County a year ago has resulted in the removal of 461 convicted criminals from the U.S. Sacramento County is one of 41 California jurisdictions in which ICE has activated this capability.

Distribution of more than $2.3 million to state and local law enforcement agencies in New York

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ICE press release announcing the distribution of more than $2.3 million to state and local law enforcement agencies in New York, forfeited by IFCO Systems North America, as a result of a settlement of IFCO’s liability associated with the employment of undocumented workers.

GAO report for new H-1B workers

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GAO report finding that demand for new H-1B workers tended to exceed the cap from 2000 to 2009, and that reforms are needed to minimize the risks and costs of the H-1B program. GAO recommends that DHS and DOL work to improve the efficiency and monitoring of the program.

DHS advance copy of a notice on the identification of foreign countriesin the H-2A and the H-2B nonimmigrant worker programs

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DHS advance copy of a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.

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