EOIR Releases Updated Immigration Court Statistics

On May 9, 2018, the Executive Office for Immigration Review (EOIR) released immigration court statistics for the first two quarters of fiscal year 2018 [PDF version]. The publication of these statistics is part of the EOIR's new transparency initiative, which will involve “releasing immigration court data on a recurring basis.”

The statistics not only contain information for the first two quarters of fiscal year 2018, but also annual numbers regarding the immigration courts dating back to fiscal year 2008. You may see the EOIR's statistics here: [PDF version].

The EOIR news release discusses highlights from the statistics.

First, the EOIR noted that there is a downward trend in the number of case completions, notwithstanding the upward trend in new cases. The EOIR stated that this is due in large part to the reduced use of administrative closure and a dramatic increase in recalendared cases. The point about administrative closure is significant in that Attorney General Jeff Sessions is currently reviewing the scope of the authority of immigration judges to administratively close cases. You may read about this in our article on Matter of Castro-Tum, 27 I&N Dec. 187 (A.G. 2018) [PDF version] [see article].

The EOIR notes that the number of Inactive Pending Cases are expected to decrease slightly in fiscal year 2018. This would mark the first decrease “in at least ten fiscal years.” The number of removal orders in absentia in cases where an applicant sought asylum are “expected to increase by approximately 40 percent by the end of [fiscal year 2018].” The EOIR also states that the “median completion time for detained cases” is expected to decrease by 7.5 percent from fiscal year 2017, “which would mark the second year of decline in a row following nine years of increases.”

However, two trends will continue to put pressure on immigration courts. The EOIR noted that the number of defensive asylum applications, including defensive asylum applications made by aliens who passed credible fear screenings, increased “by almost 100,000” between fiscal years 2012 and 2017. However, in that same period, the number of defensive asylum applications granted increased by only about 4,000. Additionally, the number of pending unaccompanied alien children cases are projected to increase by approximately 14 percent in fiscal year 2018. The number of unaccompanied alien children cases has increased dramatically since fiscal year 2014. However, the EOIR did state that it “is adjudicating [pending unaccompanied alien children cases] at a faster rate than previous years.”

The EOIR's decision to release more statistics about pending cases is welcome news. In general, the statistics highlight the daunting nature of the EOIR's case backlog, which we discussed in an article about a recent Government Accountability Office report on the subject [see article]. Going forward, it will be important for the EOIR to find ways to work through its case backlog while ensuring that every alien facing proceedings in immigration court has a fair opportunity to present his or her case.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

ICE Increases Number of Worksite Investigations and Form I-9 Audits

On May 14, 2018, the United States Immigration and Customs Enforcement (ICE) detailed recent worksite enforcement investigations [PDF version]. It stated that in accordance with a new directive from ICE Deputy Director Thomas Homan [see blog], ICE's Homeland Securities Investigations (HSI), ICE “has already doubled the amount of ongoing worksite cases this fiscal year compared to the last fully completed fiscal year.”

ICE provided the following comparison of HSI's worksite investigations from October 1, 2017 through May 4, 2018, and from the entirety of fiscal year 2017 (October 1, 2016 through September 30, 2017):

Worksite Investigations Opened

• FY 2018 thus far: 3,510
• FY 2017: 1,716

Form I-9 Audits Initiated

• FY 2018 thus far: 2,282
• FY 2017: 1,360

Criminal Worksite-Related Arrests

• FY 2018 thus far: 594
• FY 2017: 139

Administrative Worksite-Related Arrests

• FY 2018 thus far: 610
• FY 2017: 172

Thus, with five months remaining in FY 2018, ICE has already opened more worksite investigations, initiated more I-9 audits, made more criminal worksite-related arrests, and made more administrative worksite-related arrests than it did in all of FY 2017.

ICE explained that worksite inspections “are one of the most powerful tools the federal government uses to ensure that businesses are complying with U.S. employment laws.” Prior to undertaking a worksite inspection, ICE issues a notice of inspection to business owners. After such notice, the employer has three business days to produce their company's Form I-9s to comply with the I-9 audit. After such period, the ICE conducts its inspection for compliance. Employers that are found to not be in compliance with the laws may face civil fines and, potentially, criminal prosecution if they are knowingly violating the law. We have uploaded ICE's Form I-9 inspection overview page for your convenience: [PDF version]. Any workers encountered during these investigations who lack legal authorization to remain in the United States are subject to administrative arrest and removal proceedings.

Although laws regarding employment verification are unchanged, it is clear that ICE has stepped up its enforcement efforts. This means two things for employers of foreign workers. First, those violating U.S. laws regarding the employment of foreign workers may be more likely to be subject to scrutiny. Second, those who are otherwise following the laws must ensure that they are complying with all employment verification and associated record-keeping requirements in the event of an ICE inspection.

Those with questions about employment-verification should consult with an experienced immigration attorney in the area of employing foreign workers for case-specific guidance and information about showing compliance with applicable laws to ICE.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

ICE Attorney Sentenced for Identify Theft Scheme

On June 28, 2018, the U.S. Department of Justice (DOJ) announced that Raphael A. Sanchez, former Chief Counsel of the U.S. Immigration and Customs Enforcement (ICE) Office of Principal Legal Advisor (OPLA) “was sentenced to 48 months in prison for a wire fraud and aggravated identity theft scheme involving the identities of numerous aliens” [PDF version].

Specifically, Sanchez pled guilty to one count of wire fraud and one count of aggravated identity theft. In addition to his prison sentence, “U.S. District Court Judge Robert S. Lasnik of the Western District of Washington ordered Sanchez to pay $190,345.63 in restitution.”

In Sanchez's plea agreement, he admitted “that he intentionally devised a scheme to defraud aliens in various stages of immigration removal proceedings with ICE.” In so doing, he used personally identifiable information of his victims “to open lines of credit and personal loans in their names, manipulate their credit bureau files, transfer funds to himself and to purchase goods for himself using credit cards issued in their names.” More troubling still, Sanchez admitted that he obtained the personally identifiable information “by using ICE's official computer database systems and by accessing their official, hard-copy immigration A files.” After obtaining this information, he listed his personal residence as that of his victims on account paperwork. He made charges or drew payments totaling more than $190,000 in the names of his victims. Furthermore, “Sanchez also claimed three aliens as relative dependents on his tax returns for 2014, 2015, and 2016.”

Acting Assistant Attorney General John Cronan stated: “Raphael Sanchez was entrusted with overseeing the honest enforcement of our country's immigration laws. Instead, Sanchez abused that trust, and capitalized on his position at ICE to exploit his victims and line his own pockets.”

As Cronan noted, ICE agents, as well as other agents and officers in the Department of Homeland Security (DHS), are responsible for enforcing the immigration laws. In this capacity, they necessarily have access to personally identifying information from a vast number of people, many of whom are especially vulnerable to exploitation. To abuse that responsibility for personal gain is not only incredibly damaging to the victims, but also undermines the public trust and confidence in government. Fortunately, Raphael A. Sanchez will serve a lengthy sentence for his crimes. However it is incumbent on ICE and other government agencies to be vigilant and identify those who abuse their positions before they can do as much damage as what occurred in the instant case.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Delays Implementation of NTA Memo

On June 28, 2018, the United States Citizenship and Immigration Services (USCIS) issued Policy Memorandum (PM)-602-0050.1, titled “Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens” [PDF version]. We discussed this Memorandum in a full article on site [see article].

The PM instructed certain USCIS components to “create processes for referrals of cases, both pre- and post-adjudication, and the completion of [Referrals to ICE]” within 30 days of its issuance. However, on July 30, 2018, just over a month after the issuance of the PM, the USCIS published a news alert stating that “[i]ssuance of the operational guidance is pending…” Accordingly, the USCIS has delayed implementation of the PM until the requisite operational guidance for USCIS components is completed [PDF version].

The effect of this decision is that the USCIS's pre-existing NTA issuance policies will adhere until the operational guidance for implementing the new policy is completed. It does not appear that the USCIS intends to abridge or otherwise modify its new NTA issuance policy after the delay. We will update the website with more information on the NTA issuance issue as it becomes available. Those who want to learn about the full policy should consult our full article on the subject [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

15 Retired IJs Write Letter Criticizing EOIR Decision to Remove IJ from Castro-Tum Case

On July 31, 2018, Buzzfeed News reported that fifteen former immigration judges signed a letter criticizing the decision of the Executive Office for Immigration Review (EOIR) to remove and replace sitting immigration judge from the case of Castro-Tum [link].[1] The letter was published on the website of the American Immigration Lawyers Association (AILA) [link].[2]

The issue stems from a decision by Attorney General Jeff Sessions in Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) [PDF version] [see index]. In this decision, issued on May 17, 2018, the Attorney General ruled that immigration judges do not have the authority to administratively close cases.

Easily lost in the Matter of Castro-Tum was the fact that the questions arose from a specific case. An immigration judge had granted administrative closure in a case where the respondent failed to appear on several occasions [see section]. In the decision, the Attorney General directed that on remand the immigration judge presiding over the case must proceed in accord with section 240(b)(5) of the Immigration and Nationality Act (INA) and order removal if the respondent failed to appear again.

According to AILA, the respondent again failed to appear for his hearing. However, instead of ordering the respondent removed, Immigration Judge Steven Morley scheduled an additional hearing over concerns whether the respondent had been provided with proper notice by the Department of Homeland Security (DHS) [link].[3] After granting that continuance, it appears that IJ Morley was removed from the case by the EOIR and replaced by the Assistant Chief Immigration Judge from EOIR Headquarters. In the next hearing, at which the respondent again failed to appear, the new presiding Immigration Judge ordered Castro-Tum removed in absentia.

This decision led the following 15 retired immigration judges writing a blistering letter in response to the EOIR's decision to remove IJ Morley from the case:

• Steven Abrams
• Sarah M. Burr
• Jeffrey S. Chase
• George T. Chew
• Cecelia M. Espenoza
• Noel Ferris
• John F. Gossart Jr.
• William P. Joyce
• Carol King
• Margaret McManus
• Charles Pazar
• Susan Roy
• Lory D. Rosenberg
• Paul W. Schmidt
• Polly A. Webber

After criticizing the central holding of Matter of Castro-Tum, the retired immigration judges denounced the specific decision by the EOIR in the case. They asserted that “there was no indication of any legitimate basis” for the decision and that IJ Morley had been removed for “exercis[ing] independent judgment by asking for briefs on the issue of whether the respondent had in fact received notice of the hearing.”

The former immigration judges noted that it has always been a struggle for immigration judges to maintain independence because t they are employed by the Department of Justice (DOJ), a law enforcement agency. However, despite this, they explained that immigration judges work to maintain their independence because the concept of an independent judiciary “is imperative to democracy.” They framed the EOIR's intervention in the case as being politically motivated and “unacceptable.” They asserted that the remedy must be leadership at EOIR “with the courage to protect its judges from political pressures and to defend their independence.”

The decision discussed here in the Castro-Tum case represents another in a series of moves that appear to curtail the discretion and independence of immigration judges. I agree with the former immigration judges that it is imperative that immigration judges be allowed to complete their work without pressure from above, especially when that pressure may be motivated by reasons other than ensuring that an individual case is adjudicated fairly and with respect to the specific facts involved. It will be important to watch going forward whether the EOIR takes further steps to intervene in specific cases, especially in light of the impending quotas for immigration judges that will take effect in October.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Aleaziz, Hamed, “Retired Immigration Judges Are Protesting How A Deportation Case Was Handled.” Buzzfeed. Jul. 31, 2018. https://www.buzzfeednews.com/article/hamedaleaziz/retired-immigration-judges-protest-deportation-case
2. AILA Doc. No. 18073072 (Jul. 30, 2018)
3. AILA Doc. No. 18073071 (Jul. 27, 2018)

Lawyer website: http://myattorneyusa.com

DOS Adds Five Campuses to EducationUSA Academy Network for 2019

On August 1, 2018, the U.S. Department of State (DOS) announced that it had added five U.S. host campuses to its EducationUSA Academy network for summer 2019.[1]

The five new host campuses are as follows:

• Boston University
• St. Cloud State University
• St. John's University
• University of Tennessee Knoxville
• University of Wisconsin-Madison

They will join the eleven other host institutions which also participated in summer 2018:

• Embry-Riddle Aeronautical University
• Johns Hopkins University
• Diablo Valley College
• Montana State University
• Northwestern University
• Syracuse University
• Temple University
• University of Alabama in Huntsville
• University of Colorado Boulder
• University of Massachusetts Amherst
• University of North Georgia

The EducationUSA Academy program allows international students between the ages of 15 and 17 to attend academic programs at participating universities in the summer [PDF version]. The details and dates of each participating university's program are accessible from the EducationUSA Academy website, and prospective participants may apply directly to the program of their choice. Students must be able to fund their own participation in the program.

The website for the program explains that it provides international students with a “pre-college academic enrichment program … offering specialized college preparatory content, college-level writing workshops, campus visits, and cultural activities.” In addition to being an opportunity to complete an academic program in the United States, it may provide participating students with an idea of what it would be like to attend college and the preparation required for applying and being accepted to an American university.

Student participants from countries that are eligible for the Visa Waiver Program may participate in the EducationUSA Academy with a visa waiver. Other students would need to obtain a B2 tourist visa [see e,g., PDF version]. All general requirements for the Visa Waiver Program, B2 visas, and seeking admission apply.

Those who are interested in participating in the program may consult the program website and other DOS and university resources. Prospective participants are also well advised to consult with an experienced immigration attorney for information about all of the nonimmigrant options for studying in the United States or participating in similar programs.

Please see our website's sections on Travel Visas [see category] and Student Visas [see category] to learn about related issues.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Reported in Interpreter Releases Daily 5 08-03-18 (Aug. 3, 2018)

Lawyer website: http://myattorneyusa.com

Increase in Number of Apprehensions at the U.S.-Canada Border in the First Half of 2018

On August 6, 2017, CBS News reported that the U.S. Customs and Border Protection (CBP) apprehended 445 individuals illegally crossing the U.S.-Canada border into the United States from Canada in the first six months of 2018. This marks a 142-percent increase from the same period in 2017 [link].[1]

While the number of apprehensions at the U.S.-Canada border pales in comparison to the number of apprehensions at the U.S.-Mexico border, the increase is noteworthy, especially in light of the fact that Canada has faced its own increase in individuals illegally crossing the border from the United States. The article notes that the U.S.-Canada border is not only the longest land border in the world, but also the busiest, with approximately “400,000 people and more than 1.6 billion in goods legally cross[ing] the border every day.”

It remains to be seen what steps the CBP and/or the Canadian government will take to curb the small but growing number of illegal border crossings at the U.S.-Canada border. We will update the site with any news in this area as it becomes available.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. CBS News. “Illegal U.S. northern border crossings up 142 percent from last year.” CBS News. Aug. 6, 2018. https://www.cbsnews.com/news/illegal-northern-border-crossings-on-the-rise/

Lawyer website: http://myattorneyusa.com

Uzbek Government Considers Ending Exit Visa System

On April 8, 2018, Eurasianet posted an interesting article about a potentially significant change in Uzbekistan's system of exit visas [link].[1]

On August 7, 2017, the Uzbek government published online for public discussion a proposed rule for scrapping exit visas. Eurasianet reports that the rule would allow Uzbek citizens to be issued foreign travel passports beginning on January 1, 2019, instead of having to apply for an exit authorization sticker, commonly known as an exit visa, to depart the country. Eurasianet provided the link to the proposed rule: [PDF version].

Uzbekistan's exit visa system, a legacy of the Soviet Union, has been criticized by civil rights activists both inside Uzbekistan and outside the country for years. It allows the Uzbek government to prevent its nationals from leaving the country. Eurasianet explains that the practice has been commonly deployed against Uzbek dissidents and independent journalists.

Eurasianet states that there has been heavy pressure on Uzbek President Shavkat Mirziyoyev to end the country's exit visa system. Mirziyoyev became President of Uzbekistan in December 2016, shortly after the death of Islam Karimov, who had ruled the country since the waning days of the Soviet Union. In a previous article published on Eurasianet in July 2018 [link], two scholars argued that while President Mirziyoyev has taken small steps to gradually liberalize certain sectors of Uzbekistan, the country “remains highly authoritarian.”[2]

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Eurasianet. “Uzbekistan proposes scrapping exit visas.” Aug. 8, 2018. https://eurasianet.org/s/uzbekistan-draft-rules-to-scrap-exit-visas-go-online
2. Williamson, Hugh and Steve Swerdlow. “Perspectives: Testing the realities of Uzbekistan's reforms.” Jul. 9, 2018. https://eurasianet.org/s/perspectives-testing-the-realities-of-uzbekistans-reforms

Lawyer website: http://myattorneyusa.com

Austria Reportedly Rejects Afghan Asylum Seeker Because He Did Not "Act" Gay

On August 18, 2018, Agence France-Presse (AFP) published a troubling report about an Austrian asylum case where an Afghan asylum applicant's application was rejected because the adjudicating officer did not believe that he acted gay [link].[1]

The report concerns an 18-year old man from Afghanistan who sought asylum in Austria, stating that he feared persecution back home due to his sexual orientation. The story states that the Austrian official who considered his application denied it on the basis that the applicant did not appear to the official to be gay. The report lists several factors that the official listed to support his conclusion that the Afghan asylum applicant did not appear to be gay:

• The applicant did not “walk, act[,] or dress” like a homosexual;
• The applicant had a “potential for aggression”;
• The applicant preferred spending time alone to spending time in large groups;
• The applicant's statement that he had kissed straight men must be false because he would have been beaten had he done so; and
• The applicant stated that he became aware of his sexuality when he was 12, but that was too early, particularly in Afghanistan “where there is no public sexual stimulation through fashion and advertisement.”

We cannot speak to the intricacies of Austrian asylum laws or the actual merits of the applicant's case for asylum, but we can say that the purported reasons for denial in this case are patently absurd. It should go without saying that not every gay person presents him or herself the same way, and this should be especially obvious in the case of a young man from a non-western society where even being perceived as being gay can put one in mortal danger. None of the reasons provided by the Austrian official in any way reflect negatively on the merits of the young man's asylum application, and we certainly hope that his appeal of the decision is successful in order that he can have his application considered by an official who is interested in adjudicating the specific facts of the case instead of looking at them through the prism of his or her own view of how a homosexual individual should behave and present him or herself.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. AFP. “Austria rejects Afghan asylum seeker because he didn't 'act' gay — report.” The Times of Israel. Aug. 18, 2018. https://www.timesofisrael.com/austria-rejects-afghan-asylum-seeker-because-he-didnt-act-gay-report/

Lawyer website: http://myattorneyusa.com

U.S. Refugee Arrested on Allegations That He Committed Murder in Iraq as Member of ISIS

On August 15, 2018 (updated on Aug. 16), the Sacramento Bee reported that an Iraqi man who was residing in the Sacramento, California, after being granted refugee status, was arrested by FBI Joint Terrorism Task Force agents on charges that he killed an Iraqi police officer in 2014 as a member of the Islamic State of Iraq and Syria (ISIS) [link].[1]

Abdulsatter Ameen, now 45 years of age, arrived in Turkey from Iraq in 2012. He applied for refugee status in 2012. In his application, he claimed that his father had been killed in retaliation for his cooperation with U.S. forces. However, Federal authorities allege that this was a lie, stating in court documents that his father actually died of a cerebral clot in 2010. Furthermore, court documents allege that Ameen deliberately omitted his terrorist activities.

On June 5, 2014, Ameen was approved to come to the United States as a refugee. However, court documents state that he first returned to Iraq, where he personally killed an Iraqi police officer as part of an ISIS operation. Shortly thereafter, he traveled to the United States, where he was admitted in refugee status.

In February 2016, Ameen was interviewed by federal agents. In that interview, court documents recount that he stated that he had never killed anyone, used weapons against anyone, or belonged to violent group.

However, the court documents detail Ameen's alleged extensive terroristic associations and acts, asserting that he was a member of al-Qaeda in Iraq since at least 2004, prior to fighting for ISIS. They added that “he is not known to have ever renounced his membership in either group.” They state that as a member of both al-Qaeda in Ira and ISIS, he engaged in many violent terroristic activities in addition to killing the Iraqi police officer in 2014, including other acts of murder and planting improvised explosive devises (IEDs).

The Iraqi Government is seeking the extradition of Ameen so he can stand trial in Iraq on murder charges. If extradited, Ameen would face the death penalty in Iraq if he is convicted.

It is important to note that the allegations in the court documents are still just that. However, if substantiated, the admission of Ameen as a refugee would represent one of the most serious breaches of the U.S. refugee system to date, and calls for answers to serious questions regarding how he was able to successfully conceal his identity and how something like this can be prevented from happening again.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Stanton, Sam, Darrell Smith, and Julia Sclafani. “Suspected ISIS member arrested in Sacramento County, allegedly committed 'most heinous crimes.'” The Sacramento Bee. Aug. 16, 2018. https://www.sacbee.com/news/local/crime/article216764535.html

Lawyer website: http://myattorneyusa.com

Clara L. Provost Named New Head of the U.S. Border Patrol

On August 9, 2018, the Commissioner of the U.S. Customs and Border Protection (CBP), Kevin McAleenan, named Clara L. Provost as the 18th Chief of the U.S. Border Patrol [PDF version]. Provost had been serving as acting chief of the U.S. Border Patrol since April 2017. She replaced Ronald D. Vitellio, who was appointed as acting Deputy Commissioner of the CBP before subsequently being appointed as the acting Director of the U.S. Immigration and Customs Enforcement (ICE) [see blog].

Chief Provost has 23 years of experience on the U.S. Border Patrol. In 2015, she became the deputy assistant commissioner of Internal Affairs at the CBP, “where she oversaw compliance with all CBP-wide programs and policies relating to corruption, misconduct, or mismanagement.” In 2016, Provost was appointed deputy chief of the U.S. Border Patrol.

Chief Provost takes over the U.S. Border Patrol in the midst of a fierce national debate over border security and immigration enforcement more generally. She has ample experience in various capacities both on the ground and in administrative positions. We wish Chief Provost luck in her new position securing the border and ensuring that the laws are enforced fairly and humanely.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Returns Unselected FY-2019 H1B Cap-Subject Petitions

On July 30, 2018, the United States Citizenship and Immigration Services (USCIS) announced that it had returned all fiscal year 2019 H1B cap-subject petitions that were not selected in the H1B lottery [PDF version].

The H1B lottery for petitions subject to the fiscal year 2019 H1B cap was conducted in April 2018 [see blog]. The USCIS announced that it had completed data entry on fiscal year 2019 H1B cap subject petitions that were selected in the H1B lottery on May 15.

For information about the H1B visa category and other nonimmigrant work visa categories, please see our website's growing selection of articles on the subject [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

EOIR Begins Electronic Filing Pilot Program at San Diego Immigration Court

On July 19, 2018, the Executive Office for Immigration Review (EOIR) announced that it launched an electronic filing pilot program at the San Diego Immigration Court that same week [PDF version].

The EOIR explained that the launch of the electronic filing pilot program at the San Diego Immigration Court begins the first phase of the EOIR Courts & Appeals System (ECAS) initiative. The goal of the EACS initiative “is to phase out paper filing and processing, and to retain all records and case-related documents in electronic format.”

For the time being, the program is available for legal representatives practicing in the San Diego Immigration Court “on a voluntary basis.” The EOIR will expand the electronic filing pilot program to the following immigration courts in 2018 [PDF version]:

• Atlanta Immigration Court (August)
• Denver Immigration Court (August)
• Baltimore Immigration Court (September)
• Charlotte Immigration Court (September)
• York Immigration Court (October)

Furthermore, the EOIR plants to extend the electronic filing pilot program to the Board of Immigration Appeals (BIA) in 2018. In 2019, the EOIR plans to expand the EACS pilot to all remaining immigration Courts.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

DOJ Sends Email to Press Offices With Instructions on How to Refer to Aliens in Official Press Releases

On July 24, 2018, CNN reported [link][1] that the U.S. Department of Justice (DOJ) has instructed U.S. Attorney's offices to not use the term “`undocumented' immigrants.” CNN included the guidance with the article [PDF version]. Although the CNN report does not specify the scope of the guidance until the penultimate passage of the article, the original document in fact applies to terminology used in press releases issued by U.S. Attorney's Offices. In this post, I will briefly examine the DOJ guidance posted by CNN.

The DOJ email instructs U.S. Attorney's offices to follow the definitions in section 101 of the Immigration and Nationality Act (INA) when describing immigration status in press releases.

• In cases where a defendant's illegal presence in the United States is an established fact in the public record or was provided to the court to determine whether to detain the defendant, the press release should refer to the defendant as an “illegal alien”;
• If the alien is legally present in the United States or if his or her status is unknown, unclear, or absent from the public record at the time a press release is being issued, the alien should be described with his or her country of citizenship;
• If the individual is an alien lawfully admitted for permanent residence or a U.S. citizen, the individual should be described as a resident, but the individual's citizenship or legal status may be included if it is part of the established factual record.

Notably, the email states unequivocally that aliens should never be described as “undocumented” in press releases. The email explains that the term “undocumented” shows up nowhere in the United States Code. Accordingly, DOJ press offices have been instructed to not use the term to describe an alien's illegal presence.

The DOJ's guidance is grounded in the U.S. Code and is noteworthy in that many prominent media outlets, including CNN, rely upon the Associated Press Stylebook, which uses the term “undocumented immigrants” for aliens who are in the United States illegally despite this term having no basis in the U.S. immigration laws. I discussed this issue in a separate opinion blog post.

When reached for comment by CNN, a DOJ spokesman did not dispute the authenticity of the email. The spokesman referred to the email itself to explain that it its purpose is to seek consistency in the language used in press releases and to avoid confusion.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Kopan, Tal. “Justice Department: Use 'illegal aliens,' not 'undocumented.'” CNN. Jul. 24, 2018. https://www.cnn.com/2018/07/24/politics/justice-department-illegal-aliens-undocumented/index.html

Lawyer website: http://myattorneyusa.com