Immigration Judges cannot be bullies

A case just came down with the following ruling: Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015) (1) The requirements of the Federal Rules of Evidence with respect to the admission of expert testimony are inapposite to a respondent’s testimony regarding events of which he or she has personal knowledge. (2) Conduct by an …

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Jurisdiction denied

The Eighth Circuit held that the non-LPR petitioner’s claim that the IJ and BIA failed to consider all the evidence of exceptional and extremely unusual hardship to his children, and that this failure constituted a denial of due process and an incorrect application of the hardship standard, was a challenge as to how the IJ …

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Need Training? J1 or H3

The J-1 and H-3 trainee visas are often underutilized and/or forgotten as useful options for employers who want to bring trainees to the United States for brief periods of time. https://cbocalbos.wordpress.com/tag/j1/ https://cbocalbos.wordpress.com/tag/h3/ https://cbocalbos.wordpress.com/tag/h-3/ https://californiaimmigration.us/visas/h-3-training-visa/

5th Circuit Affirms Injunction

In a 2-1 decision, the Fifth Circuit affirmed the district court’s February 16, 2015, ordergranting a preliminary injunction against DAPA and expanded DACA. AILA President Victor Nieblas expressed disappointment in the decision, stating, “Once again, a Fifth Circuit panel sided with Texas and other states in a politically motivated lawsuit to challenge President Obama’s authority …

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Iranian IJ wins suit

NPR reports that DOJ has agreed to lift an order recusing Los Angeles-based Immigration Judge Ashley Tabaddor from all cases involving Iranian nationals. Last year, Judge Tabaddor sued DOJ, claiming that the order amounted to discrimination and violated her constitutional rights. DOJ also agreed to pay Judge Tabaddor $200,000, and to review its recusal policies.

Committed a crime?

Where the petitioner was charged with removal on the basis of his 2000 clock-stopping crime involving moral turpitude (CIMT), the Third Circuit found that Nelson v. Att’y Gen., notOkeke v. Gonzales, controlled. As such, the court held that the commission of the CIMT permanently prevented the clock from restarting, and that the petitioner could not …

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Not sure when to file for Adjustment?

USCIS posted an announcement on its website informing adjustment of status applicants that they must use the “Application Final Action Dates” chart in the DOS Visa Bulletin for December 2015 for employment-based filings. USCIS stated that family-sponsored adjustment of status applicants may use the “Dates for Filing Visa Applications” chart in the December 2015 Visa …

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CBP Abusing its power?

A Los Angeles Times special report examines 450 uses of Tasers, hand-held devices that deliver a paralyzing electric charge, documented by CBP agents from 2010 to 2013. The analysis found that, at least 70 times, CBP agents fired the devices at people who were running away, even though there was no struggle or clear indication …

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Mentally incompetent in Immigration Court?

In a precedent decision issued today, the BIA found that neither the government nor the respondent bears a formal burden of proof in immigration proceedings to establish whether or not the respondent is mentally competent, but where indicia of incompetency are identified, the Immigration Judge (IJ) should determine if a preponderance of the evidence establishes …

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Are ankle monitors fair?

An article in the New York Times discusses ICE’s use of ankle monitors as a condition of release for women detained in family detention centers. According to the article, federal officials say that using ankle monitors is an economical alternative to detention. Advocates, however, argue that the monitors are stigmatizing as well as unnecessary.

More PERM Reversals

BALCA reversed the denial of the labor certification pursuant to its holdings in Matter of Chabad Lubavitch Center and Matter of Symantec Corporation. The Certifying Officer had denied the employer’s PERM application solely because the State Workforce Agency (SWA) job order and website posting did not state the geographic location with enough specificity to apprise …

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E-Verify expanded

USCIS has rolled out three changes to E-Verify,, including an update intended to make it easier for E-Verify to confirm that employment authorization has been automatically extended for Temporary Protected Status (TPS) beneficiaries, a redesign of the case details page, and an update to Further Action Notices and Tentative Nonconfirmation (TNC) e-mails. https://cbocalbos.wordpress.com/tag/e-2/ https://cbocalbos.wordpress.com/tag/e-2-application/ https://cbocalbos.wordpress.com/tag/e-2-approval/ …

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