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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
DHS Proposes To Further Extend The STEM OPT Extension From 17 Months To 24 Months
The Department of Homeland Security is proposing to further extend the Optional Practical Training period for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. The Proposal is intended to allow STEM graduates, who have opted for initial 12 months OPT, to be able to extend it Read More
Voluntary Departure and its effects on motion to re-open
The INA provides that, as an alternative to formal removal proceedings and entry of a formal removal order, ‘‘[t]he Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense.’’ INA 240B(a)(1), (b)(1). Voluntary departure ‘‘is a privilege granted to an alien in lieu of deportation.’’ It is ‘‘an Read More
DOS, DHS and USCIS sued for issuing revised Visa Bulletin with retrogressed Dates for Filing Adjustment Application
On September 9, 2015, when DOS issued the Visa Bulletin for the month of October, 2015, all of us were extremely excited and happy at the same time to see a significant and long awaited development in the process for obtaining Permanent Residence in the United States. The visa bulletin introduced “Dates for Filing Employment-Based Read More
TPS and Aliens on F-1/B-I or any other Non-Immigrant Status
TPS and Aliens on F-1/B-I or any other Non-Immigrant Status: According to the recent USCIS guidelines on joint F-1/TPS Status, a person with F-1, B-2, or any other non-immigrant status may apply for and receive TPS. The individual can continue to hold both statuses, as long as he or she remains eligible for both. For Read More
ICE Detainers still not effective in targeting serious criminals
A detainer, also referred to as an “immigration hold”, had been a primary tool that ICE uses in apprehending the suspects it sought. With these official notices, ICE asks local, state and federal law enforcement agencies not to release suspected non-citizens held at their facilities in order to give ICE an opportunity to take them Read More
USCIS Discontinues Legacy e-Filing System
In an endeavor to maintain data security standards and to utilize resources on the new Electronic Immigration System, USCIS has decided to discontinue its legacy e-filing system. The new forms could be started in the e–filing system by August 30th and should be completed and submitted by September 20th. If a case which was submitted Read More
What one needs for establishing a Well-founded Fear in Asylum
To be eligible for Asylum, an alien must establish that he is a refugee within the meaning of 8 U.S.C. sec 1101(a)(42). In pertinent part, the statute demands showing of “persecution or well founded fear of persecution” on account of one of the five numerated grounds; “race , religion, nationality, membership in a particular social Read More
