USCIS and Covid 19 and RFE’s

In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020. For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set …

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Ninth Circuit Defends Asylum in Two Rulings

In Innovation Law Lab v. Wolf, the Ninth Circuit reinstated the previously stayed injunction halting the Remain in Mexico policy. Additionally, in East Bay Sanctuary Covenant v. Trump, the Ninth Circuit affirmed a preliminary injunction enjoining enforcement of a rule and presidential proclamation that strip asylum eligibility from migrants who cross into the United States along the southern border with Mexico between designated …

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Ninth Circuit Suspends Order That Reinstated Preliminary Injunction Blocking MPP

On Friday, a few hours after the Ninth Circuit affirmed a preliminary injunction enjoining implementation of the Migrant Protection Protocols, the three-judge panel voted unanimously to suspend its own order and granted an emergency request for an immediate stay of its earlier decision pending disposition of a petition for certiorari before the Supreme Court.

The Supreme Court heard oral argument on whether rejected asylum seekers may seek judicial review

On Monday, the Supreme Court heard arguments on whether asylum seekers may seek judicial review after their claims are denied in summary proceedings. During oral argument, the court seemed split on whether some amount of judicial review was appropriate. This is all in light of expedited removal proceedings, where many asylum seekers are initially denied …

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Third Circuit Says Defective NTA Cannot Be Cured by Subsequent Notice of Hearing Containing Omitted Information

The court held that the U.S. Supreme Court’s decision in Pereira v. Sessions abrogated the Third Circuit’s decision in Orozco-Velasquez v. Attorney General, and thus found that, for purposes of the stop-time rule, a deficient Notice to Appear (NTA) that omits the time and date of appearance may not be cured with a later Notice of Hearing that provides …

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The U.S. government used the therapy notes of a detained asylum seeker against him in court.

19-year old Kevin Euceda came to the U.S. and applied for asylum 3 years ago. While he was detained for nearly 3 years, he was ordered to attend mandatory therapy sessions. During the confidential therapy sessions, he told the therapist about his history of physical abuse, neglect, and former gang affiliation in Honduras. In court, …

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In a dissenting opinion, Justice Sotomayor said the Supreme Court has a bias towards the Trump administration.

On February 21, Justice Sonia Sotomayor issued a dissenting opinion to a Supreme Court ruling allowing the Trump administration’s new public charge rule to take effect in Illinois, despite an existing injunction in that state. In her opinion, she wrote that the Supreme Court was “all too quick to grant the Government’s ‘reflexiv[e]’ requests” and …

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Mexico is concerned that a recent Supreme Court ruling on cross-border shootings will set a precedent.

On Tuesday, the Supreme Court barred a lawsuit by the family of a Mexican teenager shot on the Mexican side of the border against a Border Patrol agent who was on the U.S. side. In response, the Mexican government had “deep concerns about the effects that this decision will have on other similar cases, in which Mexican …

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The Supreme Court is weighing the issue of criminalization of advocacy for undocumented immigrants.

The Supreme Court heard oral argument on whether a law that makes it a crime to encourage someone to come to or reside in the U.S. illegally is unconstitutional. The government appealed from a 9th Circuit decision which struck down the law, saying it was too broad and would chill free speech in violation of the First …

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