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The Positive Impact of Legal Representation in Asylum Cases

The Positive Impact of Legal Representation in Asylum Cases

Immigration and Customs Enforcement (ICE) launched a 30-day “surge” of arrests focused on mothers and children who fled from Central America and Mexico to seek refuge in the United States and who have been ordered removed by an immigration judge. The operation also covered minors who entered the country without a guardian and since turned Read More

NUNC PRO TUNC Adoptions

NUNC PRO TUNC ADOPTIONS – Adoption is valid for immigration purposes even if the child has turned 16 at the time of the final order. One of the requirements to petition an adopted child is that the adoption must take place before the child’s 16th birthday. The Board of immigration Appeals (BIA) has always interpreted Read More

The Complexities Of Inter Country Adoption

Intercountry adoption is governed by the laws of both the countries; country in which the child lives and the country in which the adoptive parents live. Under the U.S. law, there are two distinct intercountry adoption processes: the Hague Convention process and the non-Hague Convention process. Intercountry adoption cases filed on or after April 1, Read More

Violence Against Women Act (VAWA)

The Violence Against Women Act, or VAWA, gives abused spouses and children of U.S. citizens (USC) or lawful permanent residents (LPRs) who are living in the U.S. a procedural mechanism by which to “self-petition” for lawful permanent resident status (a U.S. green card). This mechanism acts as a substitute for the usual process, in which Read More

24 Months Stem Opt Extension – Rule Published – Effective May 10, 2016

The final 24-month STEM (Students with degree in Science, Technology, Engineering or Mathematics from the U.S. institutions of higher education) OPT (Optical practical training) rule was published in the Federal Register on Friday, March 11, 2016. The new 24-month STEM OPT rule is effective Tuesday, May 10, 2016. The current 17-month STEM OPT rule remains effective Read More

Family Detention: Due Process Violations Towards The Victims And Their Families Despite The Court Ruling

U.S. District Court Judge Doll Gee set an October 23 deadline for the federal government to comply with her order regarding the 1997 Flores Settlement Agreement which set forth binding standards for the detention and treatment of children in government custody. However, since the deadline has passed, practitioners and advocates working with detainees in Texas Read More

The U.S. District Court for the Northern District of Texas in Dallas denied the application for a TRO of Resettlement of Syrian Refugees

The U.S. District Court for the Northern District of Texas in Dallas denied the application for a temporary restraining order (TRO), finding that the Texas Health and Human Services Commission failed to establish that there was a substantial threat of irreparable injury posed by the Syrian refugees. (Texas Health and Human Services Commission v. United Read More

Immigrants To Have A Bond Hearing Within Six Months Of Detention

In the recent case of Lora v. Shanahan, the Court of Appeals (Second Circuit) conceded to the Board of Immigration Authority’s (“BIA’s”) interpretation “detention need not be immediate in order to be mandatory”. They also held “reading section 1226(c) to permit indefinite detention raises significant constitutional concerns, and to avoid them, we construe the statute Read More

BIA on Voluntary Departure

BIA in recent holding of Matter of Enrique Castrejon-Colino and Matter of Juan Manuel Garcia- Ramirez, held that “Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien’s continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of the Read More

STEM OPT Extensions: Are they really needed or even justified?

On August 12, 2015, the US District Court for the District of Columbia ruled that the DHS did not follow required procedures when it promulgated regulations allowing for STEM OPT extension for 17 months. Thereafter, the DHS on October 19, 2015, in an endeavor to overcome that, came up with the proposal of further extending Read More

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