One of the most difficult areas of asylum law is to determine what social group you are in if you are claiming asylum, and if that is the reason that you are in danger of persecution. While membership in a family is now established as a possible social group, it is important to tie the danger of persecution to the …
US Supreme Court Preserves DACA
The Supreme Court ruled Thursday, June 18th, that the Trump administration cannot carry out its plan to shut down the Deferred Action for Childhood Arrivals (DACA) program, which has allowed nearly 800,000 young people, known as Dreamers, to avoid deportation and remain in the U.S. https://www.nbcnews.com/politics/supreme-court/supreme-court-rules-trump-cannot-end-daca-big-win-dreamer-n1115116?fbclid=IwAR20dr4j1fgFCSuByRppJTDQF5TFFfrhNSVSbI7ArlarWXBbBjZwFW7EatI
Your asylum has been terminated!
Photo by Pascal Guyot AFP
7th Circuit Blocks Public Charge Burden
This decision releases the Supreme Court stay which permitted the Trump administration’s policy against immigrants to become effective. Not the end of the battle, but a victory. An excellent article discussing the merits of this issue was posted in the Washington Post on Friday: https://www.washingtonpost.com/opinions/trump-is-so-set-on-harassing-immigrants-that-his-immigration-agency-needs-a-bailout/2020/06/11/52c2ae06-ac1b-11ea-9063-e69bd6520940_story.html
H-1B Statutes Are Carefully Crafted to Be Misleading to the Casual Reader
The H-1B statutes are lobbyist-written and carefully crafted to be misleading to the casual reader. The “prevailing wage” is one area where there has been great confusion; in particular H-1B wage levels. The H-1B wage or skill levels are entirely a bureaucratic creation that have no relation to the job market. The article published in the journal The Immigration Post, …
Unable to Depart US Due to Pandemic? Avoid Overstay!
Request “Satisfactory Departure” Were you admitted to the United States under the Visa Waiver Program (VWP)? —> There is no provision of law that would allow you to extend your stay. However, if you are unable to depart before their current period of admission expires due to exigent circumstances, there is an option to request relief in the form of …
IBLF during the Pandemic
While our office is closed in accordance with the recommendation of government officials, we are still receiving and processing mail, email, and conducting video and telephone consultations and meetings. By special arrangement, we can receive documentation that cannot be mailed to our office. Please call if you have any such special requests
4th Circuit Finds Domestic Violence can be Legitimate Asylum Claim
The Fourth Circuit issued a published decision (which means it has precedential value which must be followed by judges within the 4th Circuit) which finds a claim of asylum based on the Salvadoran government’s inability to protect a woman from domestic violence is a proper basis for a grant of asylum. The Case, (Ruth Jeanette Orellana v. William Barr (http://www.ca4.uscourts.gov/opinions/181513.P.pdf) , was …
Virginia Law Criminalizing Gang Activity Not Categorically a CIMT
On July 19, 2019 the US Fourth Circuit Court of Appeals issued its decision finding that the Virginia offense of participating in criminal street gang activity is not categorically a crime involving moral turpitude. The Virginia statute, Va. Code § 18.2-46.2(A), which prohibits participation in a criminal street gang, is as follows: Any person who actively participates in or is a member …
Immig Judges’ Authority to Administratively Close Restored
The US Fourth Circuit Court of Appeals has restored Administrative Closure as an inherent power of Immigration Court judges, effectively overruling the current administration’s attempt to preclude this standard procedure. This tool permits adjudication of pending applications by temporarilly suspending immigration court proceedings. This is a very good decision for persons in immigration court proceedings because when there is potential …