Tuesday, December 13, 2011

New Supreme Court Case - good news

In a unanimous opinion, the Court held that the BIA’s comparable grounds rule, as applied to applications for §212(c) relief in deportation proceedings, is arbitrary and capricious under the Administrative Procedure Act. (Judulang v. Holder, 12/12/11). While the decision is a very good one, and corrects a BIA interpretation that made no sense,  the case will effect a dwindling number of LPR's with pre-1996 convictions. 

Monday, November 28, 2011

Newt and Immigration, Part II

Well, I feel like I have to take back most of my praise for Newt Gingrich and his statements last week supporting what appeared to be some form of amnesty for 11 million undocumented workers in the U.S.  At last Tuesday's debate, he seemed to offer humane and reasoned comments on the impracticality of deporting millions of people form the United States who have strong family ties.  He appears to be backtracking from those comments and now suggests local citizen panels to review each person's request to remain in the U.S.  It smacks of some sort of Stalinist loyalty review board.  You can read about it here:  Article from Atlanta Constitution 

Wednesday, November 23, 2011

Newt and Immigration

I have never been much of a Newt Gingrich fan.  His politics and mine are about 180 degrees apart, and he has always struck me as a bloviator.  I have to give him credit for his statements regarding U.S. Immigration policy during last nights debate.  His comments were thoughtful, humane, practical and reasonable and were not motivated my the political winds.   And of course he is right:  we cannot deport 11 million people, nor should we, especially if they have been here for long periods of time.  Bravo.  Here is a link from the Guardian: article

ICE Arrests in Boston

According to Fox News, ICE arrested 53 criminal noncitizens yesterday in the Greater Boston area.  Here is the link:  ICE Arrests 53  There was also a piece on WBUR this morning. 

The Obama Administration continues to do exactly as it has promised, which is to arrest and deport noncitizens with criminal records.  We will see if this policy is balanced by actual implementation of prosecutorial discretion.   

Sunday, November 20, 2011

Will prosecutorial discretion become a reality?

DHS appears to be moving closer to actually implementing the June 2011 Morton Memo.  On Thursday, ICE published criteria for ICE attorneys to follow when reviewing cases pending before the Immigration Courts or the BIA.  The criteria repeat those same criteria described in the Morton Memo.  We have not yet seen much discretion exercised by ICE in the Boston Immigration Court.  Hope springs eternal.  

Thursday, November 17, 2011

New York Times Article on Implementation of Morton Memo

Today's New York Times contains an article on plans by DHS to actually implement the Morton Memorandum from June.  DHS would focus on deporting non-citizens with criminal records and would elect not to proceed against non-citizens with no criminal history, longstanding ties, etc.  This would be a welcome change.  To date, we have seen little or no exercise of the type of discretion contemplated by the memo.  The article is here.

Tuesday, November 15, 2011

H-1B visas for FY-2012 Inching Closer to Cap

As of November 14, 2011, 56,300 out of 65,000 cap subject visas for FY-2012 have been used.

Monday, November 14, 2011

New York Times Article on Prosecutorial Discretion

There was an excellent article in yesterday's New York Times on the Obama Administration's implementation of the "prosecutorial discretion" policy and the Morton Memo.  The article can be found here.

Thursday, November 10, 2011

Reminder: Registration for Haitian TPS expires on November 15, 2011

USCIS has released the following:

USCIS Reminds Eligible Nationals of Haiti to File for Temporary Protected Status

U.S. Citizenship and Immigration Services (USCIS) reminds eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) to file for Temporary Protected Status (TPS). TPS was originally designated for Haiti in January 2010 in response to a catastrophic earthquake that devastated the country.
 If you are filing for TPS for the first time, you may apply through Nov. 15, 2011
 If you have TPS now but did not file your re-registration application before the Aug. 22, 2011, re-registration deadline, you may still be eligible to file late. Please visit the late re-registration for TPS guidance on the TPS Web page to determine if you may still apply.

Wednesday, November 9, 2011

William Graves named Super Lawyer in the 2011 New England survey

In the for what it's worth department:  I was named a Super Lawyer in the Immigration practice area in New England for 2011.  Link

Monday, November 7, 2011

H-1B visas for FY-2012 Nearing Cap

According to USCIS, as of November 2, 2012,  The H-1B numbers are as follows:

FY 2012 H-1B Cap Count:
H-1B Regular Cap 65,000 50,800 11/2/2011
H-1B Master’s Exemption 20,000 20,000 11/2/2011

Masters exemptions are closed and there are about 14,000 regular H-1B's left.

Friday, November 4, 2011

Registration for New Haitian TPS Cases expires on November 15, 2011

The re-designation of Haiti allows additional Haitians who have continuously resided in the United States since Jan. 12, 2011 to obtain TPS, provided they meet all other Haiti TPS eligibility criteria. If you do not currently have TPS, you may apply before Nov. 15, 2011.

Sunday, October 30, 2011

First Circuit Upholds Denial of Roma Asylum Case

We have another asylum denial in the First Circuit.  In Stanciu v. Holder, with a panel that included Judges Lynch, Boudin and Thompson, the First Circuit found that although the mistreatment described by Petitioner was plausible, the IJ’s unwillingness to accept the key testimony as being credible had basis in the record. The Petitioner was required to show "that the agency's position is unsupported by substantial evidence and 'any reasonable adjudicator would be compelled to conclude to the contrary.'" 8 U.S.C. § 1252(b)(4)(B); Toribio-Chavez v. Holder, 611 F.3d 57, 62 (1st Cir. 2010). 

In my view, the substantial evidence standard seems insurmountable and the extreme deference to the agency is troubling.  We think of the Federal Courts as our place of last resort and hope, yet when the Circuit sets the bar so high for a reversal or a remand, they offer no protection.   (Stanciu v. Holder, Docket No. 10-2165, 10/25/11)

Wednesday, October 26, 2011

Kerry Doyle, Esq. to receive Adams Award today.

As I noted earlier, today, October 26, 2011, my law partner, Kerry Doyle, will receive the prestigious Adams Award from the Massachusetts Supreme Judicial Court in recognition of her outstanding pro bono activities, particularly for her work on Saysana v. Gillen in the U.S. District Court and First Circuit.

Congratulations as well to Eoin Reilly, Esq. at Iandoli & Desai for also receiving the Adams Award this year.

Tuesday, October 25, 2011

Master's H-1B cap is closed

According to USCIS, as of October 21, 2011, The H-1B count for FY-2012 is as follows:

H-1B Regular Cap 65,000 46,20010/21/2011
H-1B Master’s Exemption 20,00020,00010/21/2011

The first number represents the total visa available and the second number is the number of applications received.

FY-2012 H-1B Cap Count

According to USCIS, as of October 7, 2001, there have been 41,000 (out of 65,000) petitions filed and under the H-1B Master’s Exemption there have been 19,100 (out of 20,000) filed.

Monday, October 24, 2011

New Study on the Impact of Restrictive Local Ordinances

An Americas Society study examines the economic effects of how restrictive versus non-restrictive immigration-related city ordinances affect a city’s business environment.  Unsurprisingly, restrictive ordinances appear to have a negative economic impact.

http://www.americas-society.org/articles/3709/The_Economic_Impact_of_Immigrant-Related_Local_Ordinances/

Thursday, October 20, 2011

New BIA Case adresses burden for returning LPR's

In a decision announced yesterday, the Board of Immigration Appeals held that DHS has the burden of proving that one of the six exceptions under INA §101(a)(13(C) applies to returning lawful permanent residents.  In other words, LPR's are not applicants for admission unless DHS can show by clear and convincing evidence that one of the six exceptions applies.  

Matter of Rivens, 25 I&N Dec. 623 (BIA 2011)

Wednesday, October 19, 2011

ICE announces highest number of annual deportations in its history

Yesterday, Immigration and Customs Enforcement announced its removal statistics for the past year.  The report indicates that "[o]verall, in FY 2011 ICE's Office of Enforcement and Removal Operations removed 396,906 individuals — the largest number in the agency's history."

These numbers should (but won't) put to rest the notion that the Obama administration is soft on immigration.

Tuesday, October 18, 2011

Kerry Doyle, Esq. to receive Adams Award.

On October 26, 2011, my law partner, Kerry Doyle, will receive the prestigious Adams Award from the Massachusetts Supreme Judicial Court in recognition of her outstanding pro bono activities, particularly for her work on Saysana v. Gillen in the U.S. District Court and First Circuit.

Important 11th Circuit case on Silva-Trevino

The 11th Circuit held that the BIA and the IJ erred in considering evidence beyond the record of conviction to determine that Petitioner’s conviction for false imprisonment under Florida law was a crime involving moral turpitude. The Court indicates that the Attorney General's decision in Silva-Trevino goes beyond nearly 100 years of legal precedent.  The case is Fajardo v. U.S. Att’y Gen. and was decided on 10/12/2011.  

Tuesday, May 17, 2011

Great news for Haitians!

From the DHS press release:

SECRETARY NAPOLITANO ANNOUNCES THE EXTENSION OF TEMPORARY PROTECTED STATUS FOR HAITI BENEFICIARIES
WASHINGTON—Secretary of Homeland Security Janet Napolitano today announced the extension of Temporary Protected Status (TPS) for Haiti beneficiaries. This extension will be effective July 23, 2011 and is for an additional 18 months. It will allow these TPS beneficiaries to remain in the United States through Jan. 22, 2013. The designation of TPS for eligible Haitian nationals who had continuously resided in the United States since Jan. 12, 2010 was originally announced by Secretary Napolitano on Jan. 15, 2010 and became effective on Jan. 21, 2010. Currently, approximately 48,000 Haitian nationals with TPS reside in the United States.

In addition, Secretary Napolitano is re-designating Haiti for TPS—meaning that eligible Haitian nationals who have continuously resided in the United States since Jan. 12, 2011, will also be able to obtain TPS through Jan. 22, 2013. Under the original designation, TPS applicants needed to show that they had continuously resided in the United States since Jan. 12, 2010, but the re-designation now permits eligible individuals who arrived up to one year after the earthquake in Haiti to receive the protection of TPS. Many of these individuals were authorized to enter the United States immediately after the earthquake on temporary visas, humanitarian parole and through other immigration measures.

This re-designation of TPS applies only to those Haitians who have continuously resided in the United States since Jan. 12, 2011. Haitians who are not currently in the United States will not qualify for TPS.

Friday, January 28, 2011

H-1B cap reached

USCIS press release announcing that the FY2011 cap-subject H-1B petition cap has been reached as of 01/26/2011.  USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

Monday, January 10, 2011

Haitian TPS Deadline Approaching - January 18, 2011

The deadline for Haitians present in the United States at the time of the devastating earthquake last year is quickly approaching.  Any citizen or national of Haiti who was in the United States at that time and has not yet filed for and received temporary protected status should consult with an immigration lawyer or a social service agency such as Catholic Charities.  Applications must be filed by January 18, 2011

Friday, January 7, 2011

Time is ticking away for H-1B's

According to the American Immigration Lawyers Association (AILA), as of December 31, 2010, USCIS has accepted 57,300 cap-eligible petitions, which have been approved or are still pending.  It is not too late to file, but it seems likely that the cap will be reached by the end of the month.

Tuesday, January 4, 2011

H-1B cap nearly reached

The latest USCIS update indicates that 53,900 of the 65,000 regular H-1B numbers have been used as of December 17, 2010.  The rate of demand for H-1B numbers usually increases as we approach the cap. If you need to file an H-1B application, it is important not to delay any longer.