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• HYDER Petitioner v. PETER D KEISLER,ACTING U S ATTORNEY GENERAL
• In re Yuriy Il Yavmaniyevich BABAISAKOV, Respondent
• HIAS ALERT: New Requirements for Form N-648
• Revisions to Adjudicator’s Field Manual
• Villegas-Hernandez Grounds
• Guide to Immigrant Eligibility for Federal Programs
• Motions to Reopen at the National Benefits Center
• Matter of N-A-M-, 24 I and N Dec. 336 (BIA 2007)
• Multiple Drug Possession NotanAF Advisory
• Multiple Drug Possession Same Brief
• Special Immigrant Juvenile Benefits Survive Turning 18 Says AAO
• USCIS AILA MEETING, SEPTEMBER 25, 2007 Q and A
• Howard Memo on Case Dismissals AOS Based on Marriage
• Fifth Circuit on domestic violence
• Matter of S-I-K-, 24 I and N Dec. 324 (BIA 2007) Interim Decision 3586
• USCIS ANNOUNCES NEW NATURALIZATION TEST
• N-600 AAO DECISION WITH NO BIRTH RECORD
• Matter of Krovonos, 24 I and N Dec. 292 (BIA 2007)
• 1996 Hardship Docs Battered
• 24 I and N Dec. 282 (BIA 2007)Interim Decision 3580
• Matter of Vazquez (July 31, 2007)
• SHABIR HUSSEIN WALJI VS ALBERTO R. GONZALES, U.S. Attorney General
• USCIS Ciudad Juarez Office Revises Waiver Application Procedures
• UNITED STATES OF AMERICA, Appellee, VS. DANIEL HERNANDEZ-LOPEZ, Defendant Appellant
• Federal Taxation of Aliens Working in the United States
• Clown Rally ridicule Klan Rally in TN
• Warning - I-601 Appointment Problem in Cd. Juarez
• Matter of Chavez-Martinez, 24 I and N Dec. 272 (BIA 2007)
• Understanding FBI Records
• Application for Certificate of Citizenship pursuant to section 309(c)
• UPLC Roster of State Committee Members
• USCIS ISSUES SERVICE CENTER AND LOCKBOX RECEIPTING UPDATE
• Last March, the CIS office in Juarez announced that waiver applicants could schedule appointments to file their I-601's through Infopass.
• AAO Contact Information
• Gaona - Romero A 2001 memo from th eICE general counsel on motions.
• Motions to Reopen Bo Cooper
• New Rule Requires Green Card Change
• Unpub. BIA: 212(d)(3) victory July 18, 2007. Hats off to Matthew Kolken.
• United States Court of Appeals, Fifth Circuit. Shabir Hussein WALJI, Plaintiff-Appellant, v. Alberto R. GONZALES, U.S.
• Matter of Perez Quintanilla (June 7, 2007)
• Matter of SEJAS, 24 I and N Dec. 236 (BIA 2007)
• Matter of SOLON, 24 I and N Dec. 239 (BIA 2007)
• Matter of Jara RIERO and Jara ESPINOL, 24 I and N Dec. 267 (BIA 2007)
• Improving Border Security and Immigration Within Existing Law
• Matter of J-Y-C-, 24 I and N Dec. 260 (BIA 2007) Interim Decision 3576
• Minutes from the Aila Backlog Section
• AILA Texas Service Center Liaison Discusses I-140 Rejections
• Update on USCIS Forms Revisions and Validity
• USCIS FAQ 2 on EB Adjustments Filed Under the July Visa Bulletin
• Zhu II: 5th Cir. on forced abortion, China, withholding
• Revision of July visa bulletin/a>
• Brief Waivers - I-601 Waivers And Extreme Hardship
• Waivers of Inadmissibility – Practice Guide
• Is It Mandatory To Detain An Aggravated Felon?
• CRS On Immigration Consequences Of Criminal Activity
• Matter of ESCOBAR, 24 I and N Dec. 231 (BIA 2007)
• Matter of R-D-, 24 I and N Dec. 221 (BIA 2007) I.D. 3571
• Matter of ABOSI, 24 I and N Dec. 204 (BIA 2007)
• USCIS Continues Temportary Suspension of Premium Processing Service for Religious Workers (R-1)
• 5th Cir. on foreign expungement: Danso
• Q and As from Business Product Teleconference
• Matter of Garcia, 24 I N Dec. 179 (BIA 2007)
• Fifth Circuit "False Testimony" GMC Victory
• Natz. Despite Insurance Fraud Conviction
• February 20 2007 Memo Re Expediting Requests for Naturalization
• TX Immigration Alert
• Summary of Proposed Immigration REFORM Bill
• Office Of Enforcement Operations' Policy And Statutory Enforcement Unit
• Board's Decision: Avdel, Heshar Islam
• AAO on Extreme Hardship (Duncan; unpub.)
• Final Rule on Labor Certifications
• Matter of T-Z-, 24 I N Dec. 163 (BIA 2007) Interim Decision 3564
• Matter of M-D-, 24 I N Dec. 138 (BIA 2007)
• N-648 May 10th 2006 Memo
• Lopez v. Gonzales
• U Visa Info
• Matter of TOBAR-LOBO, 24 I N Dec. 143 (BIA 2007)
• Interesting "reason to believe" / AOS / REAL ID case: Igwebuike
• TX Immigration Law Alert: March 5th Cir. cases of Importance
• Class of Admission: B20 - 1993 Codes
• Matter of KOCHLANI, 24 I N Dec. 128 (BIA 2007)
• Subpoena Sample by Sheila Stuhlman
• Matter of Kotliar, 24 I&N Dec. 124 (BIA 2007) Interim Decision #3558
• Matter of W-C-B-, 24 I&N Dec. 118 (BIA 2007)
• OKC CIS--the established inquiry process
• Matter of GERTSENSHTEYN, 24 I&N Dec. 111 (BIA 2007) Int. Dec. 3556
• Immigration Law Alert: 5th Cir. Cases. - U.S. v. Gunera, --- F.3d ----, 2007 WL 456732 (5th Cir.(Tex.) Feb 13, 2007)
• Immigration Law Alert: 5th Cir. Cases. - Falek v. Gonzales, 475 F.3d 285 (5th Cir. Jan 08, 2007)
• IImmigration Law Alert: 5th Cir. Cases. - Nakimbugwe v. Gonzales, 475 F.3d 281 (5th Cir. Jan 05, 2007)
• Immigration Law Alert: 5th Cir. Cases. - U.S. v. Estrada-Mendoza, 475 F.3d 258 (5th Cir.(Tex.) Jan 03, 2007)
• Matter of ORTEGA-HERRERA, 01-31-07
• Matter of BARRIENTOS, 24 I&N Dec. 100 (BIA 2007)
• Aytes FBI Name Check Memo
• LPRs convicted after jury trial prior to AEDPA/IIRIRA are eligible for 212(c) relief if they affirmatively establish that they waited to apply for 212(c) defensively, before an IJ, rather than file affirmatively with the DD
• Matter of TEJWANI, 24 I&N Dec. 97 (BIA 2007)
• Matter of A-M-E & J-G-U-,24 I&N Dec. 69 (BIA 2007)
• ICE memo: re VAWA Int. Guidance
• The Commission on Graduates of Foreign Nursing Schools (CGFNS) issued a news release titled "CGFNS denies Visascreen(R) certificates for Philippine nurses who passed the compromised June 2006 Philippine licensure examination".
• Don't send your clients to a consular appointment if you've had a DWI in the last two years.
• The citation in this article applies to the guy who had the birth certificate re issued by the state after it had first denied it .
• Q&As 1/25/07 teleconference from Nebraska Ser. Center
• 5th Circuit Motion to reopen Decision Ashcroft v Alarcon-Chavez 2005
• 9th Cir. on res judicata: Bravo-Pedroza "This case presents the question of whether res judicata bars the Secretary of Homeland Security (the Secretary) from initiating a second deportation case on the basis of a charge that he could have brought in the first case, when, due to a change of law that occurred during the course of the first case, he lost the first case. We hold that the Secretary is barred."
• Human Rights and Mental Health: Mexico published by Mental Disability Rights International
• EAD details organized by Gail Pendleton
• 24 I&N Dec. 69 (BIA 2007) Interim Decision #3550 (1) Factors to be considered in determining whether a particular social group exists include whether the groups shared characteristic gives the members the requisite social visibility to make them readily identifiable in society (2) The respondents failed to establish that their status as affluent Guatemalans gave them sufficient social visibility to be perceived as a group by society.
• In Morgan, the Supreme Court upheld the availability of coram vobis to a defendant who had not been provided counsel, but who had served his entire sentence. Morgan, 346 U.S. at 512. The Court noted that, with no other remedy being then available and sound reasons for the failure to seek earlier relief, the petitioner was entitled to seek a writ of coram vobis .
• USCIS Updates: Fact Sheets for El Savador Temporary Protected Status & EAD
• USCIS Updates: Fact Sheets for Honduran and Nicaraguan TPS and EADs.
• Matter of MONCADA-Servellon, 24 I&N Dec. 62 (BIA 2007). for an alien convicted of possessing 30 grams or less of marijuana for his own use does not apply to an alien convicted under a statute that has an element requiring that possession of the marijuana be in a prison or other correctional setting.
• Updated Guide Available on Asylee Eligibility for Resettlement Assistance
• Safe Harbor Procedures for Employers Who Receive a No-Match Letter
• PDF file containing important information on noticing in the Western District Of Texas from the US District Courts.
• Post-Lopez Practice Advisory for Criminal Defense Attorneys. For whose clients are charged with first offense possession of drugs.
• 5th Cir. on ineffective assistance: Mai v. Gonz.
• Minutes of the March 23, 2006, AILA-DOL Liaison meeting, covering issues involving PERM applications, Backlog Elimination Center processing, improper PERM denials, "45-day letter" denials, correction of applications, and substitution of attorneys and employer contacts.
• DOS Final Rule of Documentation to Obtain Laser Visas. Final rule requires Mexican Federal passports to obtain combined Border Crossing Cards and B-1/B-2 visas.
• (1) The members of a particular social group must share a common, immutable characteristic, which may be an innate one, such as sex, color, or kinship ties, or a shared past experience, such as former military leadership or land ownership, but it must be one that members of the group either cannot change, or should not be required to change, because it is fundamental to their individual identities or consciences. Matter of Acosta, 19 I&N Dec. 211(BIA 1985), followed. (2) The social visibility of the members of a claimed social group is an important consideration in identifying the existence of a “particular social group” for the purpose of determining whether a person qualifies as a refugee. (3) The group of “former noncriminal drug informants working against the Cali drug cartel” does not have the requisite social visibility to constitute a “particular social group.”
• DHS announced the extension of TPS for El Salvadorans from September 9, 2006 to September 9, 2007.
• Minutes of AILA-CGFNS Liaison teleconference discusses CGFNS VisaScreen; CGFNS ombudsman; state licensure; English language requirements; NCLEX; certificate expiration; etc.
• USCIS Updates Bi-Specialization Filing Instructions
• Microsoft Word version of Bad VAWA decision
• 7/21/06 CIS memorandum re: the International Marriage Broker Regulation Act ("IMBRA"). Pages 6-8 set forth the procedural guidance for treatment of K-1 and K-3 petitions. The guidance confirms what many of you have described about your clients' experiences in recent months: (a) all K-1s and K-3s that were approved between 1/6/06 and 3/5/06 have been recalled from the U.S. consulates/embassies abroad and have been returned to CIS to issue RFEs; (b) all K-1s and K-3s filed on or after 3/6/06 have been issued RFEs.
• BIA Holds Domestic Battery Not a "Crime Involving Moral Turpitude" or "Crime of Domestic Violence"
• Memo from Michael Aytes, Acting Deputy Director for Domestic Operations discusses adjudication of I-212 waivers in light of the Ninth Circuit decision in Perez-Gonzalez v. Ashcroft.
• A motion to reconsider a decision of the Board of Immigration Appeals must include the following:
  (1) an allegation of material factual or legal errors in the prior decision that is supported by pertinent authority;  (2) in the case of an affirmance without opinion (“AWO”), a showing that the alleged errors and legal arguments were previously raised on appeal and a statement explaining how the Board erred in affirming the Immigration Judge’s decision under the AWO regulations; and (3) if there has been a change in law, a reference to the relevant statute, regulation, or precedent and an explanation of how the outcome of the Board’s decision is materially affected by the change.
• Matter of Cota-Vargas, 23 I. & N. Dec. 849 (BIA 2005) (criminal court's decision to modify or reduce a criminal sentence nunc pro tunc is entitled to full faith and credit by the Immigration Judges and the Board of Immigration Appeals, and such a modified or reduced sentence is recognized as valid for purposes of the immigration law without regard to the trial court's reasons for effecting the modification or reduction), clarifying Matter of Song, 23 I. & N. Dec. 173 (BIA 2001), distinguishing Matter of Pickering, 23 I. & N. Dec. 621 (BIA 2003).
• BIA unpublished decision in X-P- reopening proceedings for unaccompanied child's Special Immigrant Juvenile Status eligibility- please use for your litigation/advocacy purposes.
• This practice advisory discusses the impact of an interim rule repealing two former regulations which barred all "arriving aliens" -including parolees-from adjusting to permanent resident status if they were in removal proceedings and suggests steps that a parolee can take to benefit from the interim rule.
• The court held that the application of IIRAIRA §304(b), which eliminated relief under INA §212(c), to individuals who proceeded to trial, but waived their right to appeal their aggravated felony convictions when §212(c) relief was potentially available, is impermissibly retroactive.
• A September 12, 2006 memo from Michael Aytes, Acting Associate Director, Domestic Operations, U.S. Citizenship and Immigration Services, revises Chapter 22 of the Adjudicator's Field Manual (AFM). Chapter 22 pertains to the adjudication of employment-based immigrant visa petitions for EB-1 through EB-5 classification.
• Assault under 22.01(a)(1) of the Texas Penal Code is NOT a crime of violence
• The provisions regarding credibility determinations enacted in section 101(a)(3) of the REAL ID Act of 2005, Div. B of Pub. L. No. 109-13, 119 Stat. 231, 303 (effective May 11, 2005), only apply to applications for asylum, withholding, and other relief from removal that were initially filed on or after May 11, 2005, whether with an asylum officer or an Immigration Judge.
• Priority Date Update November
• Matter of Vladimirov, A74-426-253 - Eloy, Oct. 31, 2006. (Cole, O'Leary, PAULEY) CIMT within 5 Years, victory.
• The Executive Office for Immigration Review released a memo on the changes made by the final automatic stay rule published in the Federal Register and effective November 1, 2006.
• AILA/NSC Q & As on Refugee/Asylee Issues (9/28/06)
• Fifth Circuit on Aggravated Felony: Smith v. Gonzales
• DOL ARB on Termination of H-1B's Employment
• Chart Of Occupational Therapist Licensing Requirements By State
• U Visa Certification Form
• 245I Memo of Filing Dates
• Sample Motion for Administrative Closure if Eligible for AOS
• Federal Courts review of NATZ
• 5th Circuit Hold MTR does Toll VR
• TSC Liaison Meeting Minutes May 1, 2006
• New Cases Expand CSPA
• Unpub. dec. reopening abscencia hearing after respondent get's caught in traffic.
• Matter of S-L-L-, 24 I&N Dec. 1 (BIA 2006)
• Sample Motion To Continue Master Calendar Hearing
• Asylum Division Memo on Fingerprinting Requirements and Issuance of Recommended Approvals
• Administrative Appeals Office Processing Time Report
• Memo from Donald Neufeld, USCIS Acting Director, Field Operations, indicates that, effective 10/1/06, applications for replacement naturalization/citizenship document will be filed at TSC or NSC.
• September Houston CIS DD Minutes
• Matter of ROBLES, 24 I&N Dec. 22 (BIA 2006) When the Attorney General overrules or reverses only one holding in a precedentdecision of the Board of Immigration Appeals and expressly declines to consider any alternative holding in the case, the remaining holdings retain their precedential value.
• Matter of Liadov, 23 I&N Dec. 990 (BIA 2006) Interim Decision #3540
• Dallas District Office information; El Paso Detention Center service provider liaison meeting
• USCIS Issued a Q&A discussing the new process, effective October 1, 2006, for issuing EADs to asylees.
• Memo dated 9/12/06 from Asylum Division Chief Joseph Langlois outlining procedural changes requiring fingerprinting prior to the asylum interview and restricting issuance of recommended approvals in affirmative asylum cases.
• AILA has obtained a copy of a memorandum, dated July 11, 2006, and issued by Michael Aytes, USCIS Associate Director, Domestic Operations, advising the field of a June 2006 Memorandum of Agreement (MOA) with ICE regarding the issuance of NTAs during a USCIS adjudication and otherwise handling of cases in which the beneficiary or applicant appears to be removable, including where benefit applications have been denied.
• Matter of Guang Li FU, 23 I&N Dec. 985 (BIA 2006) Int. Dec. 3539]
• Elimination of Form I-688B, Employment Authorization Card
• EOIR Updates Revised Practice Advisory Regarding First Briefing Extensions
• Unpub. BIA on continuous physical presence for cancellation: Vasquez-Lara
• CA10 Amends Opinion Holding INA §245(i) Trumps §212(a)(9)(C)(i)(I)
• Matter of O'Cealleagh, 23 I&N Dec. 976 (BIA 2006) Interim Decision # 3538
• Article on Western Hemisphere Priority Dates
• AILA 6/2006 Questions & Answers - Changes in EAD
• The SSA has adopted final regulations that reflect amendments to the Social Security Act made by the Intelligence Reform and Terrorism Prevention Act of 2004. Individuals will be limited to three replacement SSN card per year and ten during a lifetime. Reasonable exceptions are permitted. Previously, numerical limits on the issuance of replacement SSN cards did not exist.
• Matter of Renato Wilhemy SANUDO, 23 I&N Dec. 968 (BIA 2006)
• New Removal Ground and Bar to Family-based Petitions for Certain Sex Offenders
• TSC responds to questions on multiple I-140s and labor certification, Schedule A Nurses, the definition of a "business day," overnight carriers, receipt dates for cases transferred to the TSC, correction of clerical errors, biometrics, I-751s, the transfer of approved petitions to the NVC, and where to file an I-485 following a TSC approved I-140.
• USCIS issued a guidance memo for field officers regarding the amendments made by the International Marriage Broker Regulation Act (IMBRA) to sections 214(d) and 214(r) of the INA. The Interoffice Memorandum sets forth statutory requirements and adjudication standards. It also provides procedural guidance.
• Arizona criminal law and immigration activity Chart for practioners
• Information on VAWA Self-Petitions, Battered Spouse/Child Waivers and VAWA Cancellation
  Forms Flow Chart : I-751 or I-360+
• The Power and Control wheel focuses on some of the many ways battered immigrant women can be abused.
• Violence Against Women Act Article
• BIA: TX indecency not CIMT
• ABA amicus brief in Lopez v. Gonzales and Toledo-Flores v. U.S. online
• BIA Finds Derivative Citizenship Where Paternity Not Legitimated By Marriage
• Fifth Circuit Rejects Colombian Asylum Case Based on Lack of Nexus
• USCIS June 2006 Memo
• Victory for Special Immigrant Juveniles
• H-1B Cap Fee Receipt Update
• Matter of C-A-, as 23 I&N Dec. 951 (BIA 2006)
• Fifth Circuit Concludes Assault Was Not a Crime of Violence
• False promise of Real ID Act
• AAO Processing Time Report as of 5/26/06
• An alien who entered the United States without inspection is not eligible for adjustment of status under the Chinese Student Protection Act of 1992, Pub. L. No. 102-404, 106 Stat. 1969 (“CSPA”) click for more.
• New Fiancee Form (I-129F)
• New U Visa Form (I-918)
• Motion to Reopen Adjustment Application
• The old "card push" email address is no longer valid. TSC has provided AILA with a new email address for checking the status of an unreceived I-551 card
• ASISTA VAWA 2005 Analysis and Practice Pointers
• BAUTISTA GOMEZ, 23 I&N Dec. 893 (BIA 2006) Interim Decision #3528 must demonstrate statutory eligibility for that relief prior to the service of a notice to appear applies only to the continuous physical presence requirement and has no bearing on the issues of qualifying relatives, hardship, or good moral character.
• The offense of possession of child pornography in violation of section 827.071(5) of the Florida Statutes is a crime involving moral turpitude.
• Recent BIA unpub. victory Re: Crime of violence May O6
• The Administrative Appeals Office has issued an Adopted Decision confirming that "preponderance of the evidence" is the burden of proof in INA § 316(b) preservation of residence proceedings and generally in other petition and application proceedings.
• Supreme Court: 5th Cir. wrong on "controlled substance offense"
• The Administrative Appeals Office has issued an Adopted Decision confirming that "preponderance of the evidence" is the burden of proof in INA § 316(b) preservation of residence proceedings and generally in other petition and application proceedings.
• Supreme Court: 5th Cir. wrong on "controlled substance offense"
• Lodaza Motion to Reopen: Ineffective Assistance of Counsel
• Legal and Discretionary Analysis for Adjudication
• AILA-EOIR Liaison Meeting Agenda Q & A March 2006
• Matter of Armas-Ramirez, A30-497-507 - San Diego, Mar. 31, 2006, unpublished.
• Sample EOIR Motion
• Model Naturalization Delay Petition
• Software Logic in Form 9089
• Bias Sec212h Waiver Case
• AILA CSC Liason October 2005
• Priority Dates of Individual Applicants
• USCIS ISSUES Current Cap Count for Non-Immigrant Worker Visas
• Texas Prevailing Wage Information Form
• New Mexico Prevailing Wage Form
• Instructions for Submitting Applications in Immigration Court
• Post-order Instructions for Individuals Granted Relief
• Precedent Decision of the Board of Immigration Appeals
• ICE Areas of Responsibilities
• Houston BCIS Guidelines
• Government Speakers Provide H-1B Numbers Update
• Confidentiality for Asylum Applicants
• The Top Ten Internet Sites for Lawyers
• Visa Bulletin - June 2005
• Temporary Injunction
• San Antonio Executive Office for Immigration Review
• New Laws Affecting US Visas
• Aggravated Felony
• Administrative Policies and Procedures for Electronic Filing in Civil and Criminal Cases
• Matter of ALCANTARA-PEREZ, 23 I&N Dec. 882
• 5th Follows 8th on 8 C.F.R. § 245.1