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Weekend Reading: Highlights from this week’s immigration news (April 4 – 8)
In the Tallahassee Democrat, the President of Independent Colleges & Universities in Florida, Dr. Ed Moore, argues that the passage of the Florida Seal of Biliteracy “reflects legislators’ commitment to make Florida a welcoming state to international business and talent, and shows we are working proactively to ensure our graduates are competitive in this increasingly […]
Read MoreImmigrant from South India Helps Walmart Thrive
Zakir Syed would never have imagined that by age 37, he would be working at a high-level job at Walmart, one of the largest employers in Arkansas. Growing up in Karnataka, a state in southwestern India, he lived with his family in a small home without running water or a gas stove. His father worked […]
Read MoreWorld Health Day: How Immigrants are Helping to Keep America Healthy
Today marks World Health Day, and for the first time, the World Health Organization (WHO) will use the day to focus on spreading awareness for a disease that affects approximately 350 million people worldwide: diabetes. WHO is using a superhero-esque ‘Stay Super, Beat Diabetes’ theme to educate the public about this noncommunicable disease, its consequences, and […]
Read MoreWhen Immigrants Are Deported Without Their Belongings or IDs, They Are Placed in Even Greater Danger
26 Mexican nationals say the Department of Homeland Security (DHS) deported them from the El Paso Border Patrol sector, which covers West Texas and all of New Mexico, without their identification, money, cell phones and other possessions, exposing them to greater danger in Mexico and making it nearly impossible to contact friends and family or get […]
Read MoreAmicus Letter, urging reconsideration of Compean I (Feb. 6, 2009)
Urging Attorney General Holder to vacate Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), which he later did in Matter of Compean, 25 I&N Dec. 1 (A.G. 2009)
Read MoreBona v. Ashcroft – Ninth Circuit
The Council filed amicus briefs in numerous courts of appeals challenging the pre-2005 regulatory bar to adjustment of status for “arriving aliens” in removal proceedings. Several courts accepted our arguments that the regulation violated the adjustment of status statute. Succar v. Ashcroft, 394 F.3d 8 (1st Cir. 2005); Zheng v. Gonzales, 422 F.3d 98 (3d Cir. 2005); Bona v. Ashcroft, 425 F.3d 663 (9th Cir. 2005). Ultimately, DHS withdrew the challenged regulation and replaced it with one providing USCIS with jurisdiction to adjust the status of an “arriving alien” in removal proceedings. 71 Fed. Reg. 27585 (2006). The amicus brief filed in Bona v. Ashcroft is representative of the briefs filed in other circuits.
Read MoreMatter of Yauri – Board of Immigration Appeals
Following DHS’s adoption of an interim regulation that gave USCIS jurisdiction over the adjustment application of an “arriving alien” in removal proceedings, the Council filed amicus briefs with the BIA and Federal Courts challenging the BIA’s general refusal to reopen removal proceedings so that an “arriving alien” with an unexecuted final order could adjust with USCIS. The BIA rejected our arguments in Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). Meanwhile, however, USCIS made clear that it retained jurisdiction over these cases despite the final order.
Read MoreVelasquez-Garcia v. Holder – Seventh Circuit
One requirement of the age-preservation formula of the CSPA is that the beneficiary must have “sought to acquire” lawful permanent resident status within one year of the visa becoming available. INA § 203(h)(1). The Council’s amicus brief argued for a more expansive interpretation of “sought to acquire” than the BIA’s interpretation in Matter of O. Vasquez, 25 I&N Dec. 817 (BIA 2012). On July 23, 2014, the court issued a decision upholding the Board’s interpretation but remanding the case after finding that, under the facts presented, the retroactive application of Matter of O. Vasquez to the petitioner would work a manifest injustice. Velasquez-Garcia v. Holder, 760 F.3d 571 (7th Cir. 2014).
Read MoreScialabba v. Cuellar de Osorio – Supreme Court
INA § 203(h)(3) provides alternate benefits – specifically, retention of the original priority date and automatic conversion of the petition – for beneficiaries who are found to have “aged out” under the age preservation formula of the CSPA. The Council opposed the BIA’s restrictive interpretation of this provision in In amicus curiae briefs filed with several Courts of Appeals and the Supreme Court, arguing that it should be found to apply to a larger universe of aged-out children. Ultimately, the Supreme Court upheld the BIA’s interpretation.
Read MoreRamirez v. Dougherty – Ninth Circuit
The Council, with the American Immigration Lawyers Association, filed this amicus brief arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible.
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