Filter
Bona 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.
Read MoreA Georgia Farmer’s Not So Peachy Ordeal with the Immigration System
Lawton Pearson is a fifth-generation Georgia peach farmer. Even though he left rural Fort Valley, GA to attend college and law school, he couldn’t give up the farming way of life and soon returned. He’s attracted to the high-risk, high-reward stakes of owning his own business. Plus, he loves the seasons. “It’s in my blood,” […]
Read MoreIs It Time to Change the H-1B Visa Cap?
On April 1, employers will submit their petitions for H-1B visas for high-skilled temporary workers. The start of the H-1B season, when U.S. employers turn their attention toward hiring foreign talent, provides an opportunity for policymakers to consider whether it is time to change the cap on the number of visas available each year to […]
Read MoreThird-Generation Georgia Farmer Says The Health of the Agriculture Industry Depends on Immigration Reform
Gerald Long is a third-generation Georgia farmer who has come up with a unique solution to the challenge of finding enough workers to harvest his vegetable crops: About 30 years ago, he started inviting the public to pick his red Irish potatoes, squash and snap beans at his farm. For him, the approach keeps down […]
Read MoreImmigrants with H-1Bs essential to U.S. economy
All too often, the topic of immigration reform is mentioned in the same breath as “social justice,” as though one is merely an extension of the other’s moral imperative. To do so is to exclude a careful consideration of the myriad productive components, and to therefore fundamentally misunderstand immigration as an indelible and invaluable mainstay […]
Read MoreWhy Foreign-Born Healthcare Workers Are Needed to Fill Gaps in the Midwest
As baby-boomers age and retire and the demand for medical professionals grows, the U.S. is facing a crisis in the healthcare sector finds a recent report from the Chicago Council on Global Affairs. The report highlights healthcare as a critical part of the Midwestern economy and the important ways in which foreign-born workers contribute to […]
Read MoreMake a contribution
Make a direct impact on the lives of immigrants.
