BALCA affirmed the denial of the PERM application, finding that by not including the benefit of free housing in its advertisements and Notice of Filing, the employer offered terms and conditions of employment less favorable than those offered to the alien, violating 20 CFR §656.17(f)(7). https://cbocalbos.wordpress.com/tag/balca/ https://cbocalbos.wordpress.com/tag/board-of-alien-labor-certification-appeals-balca/ https://cbocalbos.wordpress.com/tag/balca-denial/ https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/

The Fourth Circuit granted the petition for review and vacated the removal order, holding that Va. Code § 18.2-102, which criminalizes the unauthorized use of a motor vehicle, is not a categorical aggravated felony because there is a realistic probability that the statute would apply to conduct that falls outside the BIA’s definition of a …

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Last week, the Senate passed a DHS appropriations measure that did not include the House amendments that would block DAPA implementation and DACA expansion by a vote of 68-31. Today, in a surprising move, Speaker Boehner allowed for the Senate-passed version of the DHS funding bill to be voted on in the House. The bill …

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In the January “check-in,” Charlie Oppenheim, DOS Chief of the Visa Control and Reporting Division, comments on the February 2015 Visa Bulletin and reports that with the possibility of executive action occupying significant USCIS resources later this year, the State Department will likely advance priority dates much earlier in the year than it has previously …

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Reuters reports that today, a federal judge in Texas is set to hear arguments in a lawsuit brought by two dozen states that seeks to block President Obama’s executive actions on immigration. https://cbocalbos.wordpress.com/tag/immigrationattorney/ https://cbocalbos.wordpress.com/tag/immigrationlawyer/ https://cbocalbos.wordpress.com/tag/american-immigration-attorney/ https://californiaimmigration.us/our-immigration-law-firm/

The U.S. District Court for the Central District of California found that the petitioners demonstrated that the beneficiary’s proposed position was a Medical and Health Services Manager as described in the Occupational Outlook Handbook, that this role normally requires a bachelor’s degree in a specific field, and that USCIS’s findings to the contrary were unsupported …

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The Mexican government announced that starting today, Mexican consulates in the U.S. will issue copies of birth certificates registered in Mexico. To obtain certified copies, Mexican nationals should visit the nearest consulate, present an official proof of identity, fill out an application and pay a fee of $13 per certified copy, and, if they have …

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In an unpublished decision, the BIA sustained the appeal and remanded, concluding that when a Lawful Permanent Resident (LPR) petitioner and a U.S. citizen spouse adopt a child together, they may choose either to pursue a Hague Convention adoption route or to pursue the Form 1-130 route through the LPR spouse. The BIA noted that …

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This Petition for Review was granted by the 9th circuit for two reasons: (1) to give the IJ and BIA the opportunity to determine the impact of various recent decisions on our client’s case and (2) because the Court agreed that the IJ and BIA decisions regarding CAT were not supported by substantial evidence.  Petition …

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As reported by the Arizona Daily Star, ICE officials have stated that more than 200 individuals have been released from immigration custody in Arizona in the last month following the announcement on DHS’s new enforcement priorities, and that as of December 27, 2014, ICE has released 618 individuals nationwide, including detainees who appear to qualify …

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The Los Angeles Times reports that beginning today, the California Department of Motor Vehicles will allow undocumented immigrants to apply for driver’s licenses and expects approximately 1.5 million applications to be filed within the first three years of the program. The article highlights the case of one immigrant who says that the ability to obtain …

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The Fourth Circuit reversed and remanded with instructions to vacate the removal order, finding that the modified categorical approach did not apply since use of the word “or” in the definition of the crime did not automatically render the crime divisible. Thus, the court applied the categorical approach and found that the petitioner’s conviction under …

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DHS released enforcement statistics for FY2014, which include reports from ICE and CBP. In FY2014, ICE removed or returned 315,943 individuals, 213,719 of whom were apprehended while, or shortly after, attempting to illegally enter the U.S., and 102,224 of whom were apprehended in the interior of the U.S. CBP made 486,651 apprehensions in FY2014, compared …

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The Huffington Post reports that yesterday, U.S. District Judge Beryl Howell was skeptical of a lawsuit filed by Sheriff Joe Arpaio over the constitutionality of the President’s executive actions on immigration. In the first hearing in the case, Judge Howell questioned whether Arpaio had standing to bring the case and whether he could show a …

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