The Biden Administration recently announced an Asylum Ban for those seeking asylum at the U.S.-Mexico border who have not followed limited “legal pathways” or sought, and been denied, asylum in a third country en route to the border. This Practice...
Few are aware that Congress provided a statutory remedies in 8 U.S.C. § 1229(e)2 that may enable an individual who the Department of Homeland Security (DHS) arrests at certain protected locations to terminate removal proceedings. At a time when DHS...
Over the past two years, federal defenders have begun challenging the laws that criminalize crossing the border — 8 U.S.C. § 1325 and 8 USC § 1326 — on the grounds that the law is racist, and therefore unconstitutional. Recently, in a case called...
On March 22, 2023, the U.S. Department of State (“State Department”) released the April 2023 Visa Bulletin, in which it announced significant changes to the way certain employment-based visas are allocated. Because children granted Special Immigrant...
This practice pointer provides a background on Castillo-Perez, explains the good moral character requirement of non-LPR cancellation, and clarifies the practical implications of the decision. The practice pointer also suggests arguments limiting the...
Historically, denaturalization was pursued by the U.S. government in very small numbers, averaging only eleven cases per year between 1990 and 2017.2 However, under the Trump administration there has been a dramatic increase in the number of...
This Practice Alert summarizes the Barton decision and briefly describes its potential impact on cancellation eligibility. A more in-depth Practice Advisory about Barton and its implications in immigration cases is forthcoming.
On June 1, 2020, the Supreme Court issued a positive decision in Nasrallah v. Barr, 590 U.S. __ (2020). The question in Nasrallah was whether the jurisdiction stripping language in 8 U.S.C. § 1252(a)(2)(C) barred judicial review over factual...
This practice advisory discusses the implications of Barton v. Barr, 140 S. Ct. 1442 (2020), with strategic considerations for advocates representing lawful permanent residents (“LPRs”) in their immigration or criminal proceedings.
In this practice alert, we will summarize the proposed changes to the PSC definition and identify the potential impact of the expanded PSC bar on applicants for asylum and employment authorization. Attached to this alert is Appendix A, which...