Waivers and Relief from Deportation
Dream Act of 2017 Introduced With Bipartisanship in the Senate
The bipartisan Dream Act of 2017 was just introduced by Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL) in the U.S. Senate. The bill provides legal status, as well as a path to citizenship for undocumented immigrant youth who entered the United States before the age of 18. The… Read More
Pentagon May Deport Immigrants Who Have Served in the Military
The Pentagon is considering halting a program that allows immigrants with urgently needed skills to serve in the military, putting the thousands of soldiers promised expedited citizenship in exchange for their service at risk for deportation. According to an undated Defense Department memo, the Pentagon may terminate the Military… Read More
Circuit Judge Says “Even the Good Hombres Are Not Safe”
A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is exercising in deportation decisions. Judge Stephen Reinhardt, in a concurrence, concluded that instead of focusing on the “bad hombres,” the… Read More
Challenges for Visa Waiver Program Overstays
A young DACA recipient named Daniela Vargas was detained in Mississippi by Immigration and Customs Enforcement (ICE) after speaking out earlier this month about her fear of being deported under the Trump Administration’s immigration policies. Officials arrested Daniela immediately after she spoke at a press conference organized by the… Read More
Voluntary Departure Rule: Q&A
This Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review.
Matter of Castillo Angulo – BIA
The Council, along with amici the University of Houston Law Center, AILA, and others, submitted a brief in response to a request from the Board of Immigration Appeals, arguing that lawful permanent residents who were initially admitted to the United States after being waved through a port of entry were eligible for cancellation of removal on the grounds that they had been “admitted in any status,” a requirement of the cancellation statute. Read More
Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD. Read More
Screening Potential DACA Requestors for Other Forms of Relief
This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits. Read More
Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies
This Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA's "comparable grounds" test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it. Read More
Inspection and Entry at a Port of Entry: When is there an Admission?
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status. Read More
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