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.