http://ow.ly/vEpkv Under the law of the United States Court of Appeals for the Ninth Circuit, the offense of attempted possession of a stolen vehicle in violation of sections 193.330 and 205.273 of the Nevada Revised Statutes, which requires only a mental state of “reason to believe,” is not categorically an aggravated felony “theft offense (including …

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http://ow.ly/vx9wD BIA on §237(a)(1)(H) Waiver Eligibility In an unpublished decision, the BIA agreed with the IJ that the respondent was statutorily eligible for a waiver of deportability under §237(a)(1)(H) as a matter of discretion, even though he failed to disclose his time in the Serbian Army on his refugee application.

http://ow.ly/vEmEz An alien whose status has been adjusted from asylee to lawful permanent resident cannot subsequently readjust status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2012).

http://ow.ly/vx9nj Preliminary Settlement Agreement in Duran-Gonzales v. DHS The U.S. district court in Washington granted preliminary approval of a settlement agreement in Duran-Gonzales v. DHS. This class action lawsuit challenged DHS’s contention that individuals who were removed or deported are not eligible to apply for adjustment of status under INA §245(i) with an accompanying I-212 …

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http://ow.ly/vwYSc

http://ow.ly/vwYLl USCIS will begin transferring responsibility for adjudicating Forms I-730, Refugee/Asylee Relative Petition, from service centers to USCIS international field offices. The first phase begins today and only involves cases with beneficiaries residing in China. USCIS will send a transfer notice when a case is sent abroad and the USCIS international field office will provide …

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http://ow.ly/vipTC Wisdom on Immigration This Wall Street Journal blog reports that a few leading Republicans think there is a chance that House Speaker John Boehner may change course and bring immigration to the floor this spring or summer, after the Republican primary season is over.

http://youtu.be/jVqLCP_Ymkw Try the S Visa if you can’t get the U or don’t qualify for the U Visa

http://ow.ly/uZFjU The Los Angeles Times reports that Homeland Security officials are considering shifts in deportation policy, including focusing deportations on individuals who have been charged or convicted in court and pose a potential threat to public safety, and scaling back detentions under Secure Communities to focus only on people with criminal records.

http://ow.ly/uZF7R The BIA held that adjustment of status (AOS) to lawful permanent residence constitutes an admission for purposes of deciding removability under §237(a)(2)(A)(iii), and that the crime of sodomy by force in violation of the Uniform Code of Military Justice is an aggravated felony.

http://ow.ly/uZEXI USCIS announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of FY2014. The final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2014 was March 14, 2014.

http://youtu.be/8sVaIGq2HCs Consulate Processing vs. Change of Status. Which is better?

http://ow.ly/uITFq The Associated Press reports that after a meeting with Latino lawmakers late last night, President Obama announced that he is directing Jeh Johnson, Secretary of DHS, to review America’s deportation program, with an eye toward making it more humane

http://ow.ly/uANxq Reuters reports that hundreds of detainees at an immigration holding center in Tacoma, WA, have gone on hunger strike to demand better conditions at the facility and an end to U.S. deportations.

californiaimmigration.us DHS released several existing use-of-force policies today, including the 2004 departmentaluse-of-force policy, the 2004 ICE use-of-force policy, and a redacted 2010 CBP Use of Force Policy Handbook. It also released a March 7, 2014 memorandum from Michael Fisher, Chief of U.S. Border Patrol, clarifying existing CBP policies on its use of safe tactics and …

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