Three New Appellate Immigration Judges Appointed to BIA (Aug. 11, 2020)

On August 7, 2020, the Executive Office for Immigration Review (EOIR) announced the appointment of three appellate immigration judges to the Board of Immigration Appeals [PDF version]. Each of the three new appellate immigration judges was appointed by Attorney General William P. Barr. The appointments are significant in that the BIA is the highest administrative review body [link] for interpreting and applying the immigration laws. In this post, we will examine the resumes of the three new members of the BIA.

Michael P. Baird, Appellate Immigration Judge

• 2009-2020: Immigration judge on the Dallas Immigration Court (Texas) and later the Atlanta Immigration Court (Georgia).
• 2006-2009: Senior assistant district attorney in the Appalachian Judicial Circuit, in Georgia.
• 2004-2006: Judge in the Municipal Court of Jonesboro, Georgia.
• 1997-2004: Chief Judge for the Magistrate Court of Clayton County, Georgia.
• 1995-96; 92-93: Private Practice.
• 1993-1995: Senior assistant solicitor general at the Clayton County Solicitor's Office.
• 1986-1990: Police officer.
• Obtained Juris Doctorate in 1992 from Georgia State University College of Law.

Sunita B. Mahtabfar, Appellate Immigration Judge

• 2013-2020: Immigration Judge on the El Paso Immigration Court (Texas).
• 2006-2013: Attorney in the Office of the Assistant Chief Counsel, U.S. Customs and Border Protection, Department of Homeland Security, in El Paso, Texas.
• 2003-2006: Asylum officer in the U.S. Citizenship and Immigration Services, Department of Homeland Security.
• Obtained Juris Doctorate from Thurgood Marshall School of Law.

Sirce E. Owen, Appellate Immigration Judge

• 2019-2020: Acting deputy Director of EOIR.
• 2018-2020: Assistant Chief Immigration Judge, based in Atlanta.
• 2016-2018: Deputy chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Atlanta.
• 2008-2016: Assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Atlanta.
• 2005-2008: Private practice.
• Obtained Juris Doctor in 2005 from Georgia State University.

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

Second Circuit Enjoins New Public Charge Rule for NY, CT, and VT

On August 4, 2020, the United States Court of Appeals for the Second Circuit affirmed two district court decisions blocking implementation of the new public charge rule [see blog]. The injunctions, which were originally nationwide in scope, had been stayed by the Supreme Court of the United States a few months ago [see blog]. In affirming the injunctions, the Second Circuit limited their scope to only the three states under the court's jurisdiction — New York, Connecticut, and Vermont.

For the time being, the United States Citizenship and Immigration Services (USCIS) will apply the former 1999 public charge rule [see article] to New York, Connecticut, and Vermont [PDF version]. The Government will likely seek to stay the Second Circuit injunction in the meantime, pending full adjudication of the issues. We will update the website with more information 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.

Lawyer website: http://myattorneyusa.com

Exceptions for F1/M1 Online Only Course of Study in Fall 2020

On July 24, 2020, the Student and Exchange Visitor Program (SEVP) published new guidance [link] for active F and M students and SEVP-certified schools for the fall 2020 semester. After having announced that F, J, and M students would not be able to maintain nonimmigrant status with online-only classes in fall 2020, SEVIS has reversed that position. For the fall 2020 semester, SEVIS advises nonimmigrant students and SEVIS-certified colleges to abide by March 2020 guidance [link], which allowed certain students to maintain status while being engaged in distance learning only due to the coronavirus (COVID-19) outbreak. Below, we will summarize the guidance.

Guidance for Continuing F and M Students

Certain students who already have F or M nonimmigrant status will continue to be temporarily permitted to count classes conducted entirely online toward a full course of study in excess of the limits on online-only credit hours set forth in 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v). This exception applies only to those F1 and M1 students who were in valid F1 or M1 status on March 9, 2020, “including those previously enrolled in entirely online classes who are outside of the United States and seeking to re-enter the country this fall.”

Guidance for New Initial F and M Students

F and M students in new or initial F or M status after March 9, 2020, will not be permitted to enter the United States to enroll in a U.S. school in F or M status to pursue a course of study that is entirely online.

Conclusion

After some confusion in policy, students who were already in F1 or M1 status as of March 9, 2020, will generally be permitted to maintain status in fall 2020 through an entirely online course of study. New F and M students, however, will not be subject to the same exception allowing for online-only classes. Current and prospective F and M students with questions about the current policy situation for online classes should stay abreast of government updates and consult regularly with their designated school officials and, if necessary, with an experienced immigration attorney.

We discuss student visas generally in our growing category 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

Canadian Court Invalidates U.S.-Canada Safe Third Country Agreement

 

On July 23, 2020, the American Immigration Council's blog, Immigration Impact, reported [link] that the Federal Court of Canada has ruled that notwithstanding the Safe Third Country agreement between the United States and Canada, the United States is no longer a country to which Canada may return asylum seekers. The agreement, which has been in place since 2002, generally requires asylum seekers who arrive in the United States or Canada to seek asylum in whichever country they arrive in. It is designed to prohibit asylum-seekers from passing through the United States to Canada or through Canada to the United States to seek asylum.

The Federal Court of Canada delayed implementation of the decision for six months — until January 22, 2021 — to give the Canadian Parliament the opportunity to consider the ramifications of the ruling and respond with legislation. At this time, it unclear when and how Canada may implement the decision or how dissolving the United States-Canada Safe Third Country agreement may affect U.S. asylum policy. We will update site with more pertinent information about the issue if and when it becomes available.

You may learn more about U.S. asylum law in our growing section on the subject [see section].

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

Government Rescinds Policy Against Maintaing F1 Status With Only Online Classes

On July 14, 2020, the Trump Administration withdrew its policy announcement that it would not allow college students taking fully online course-loads to remain in the United States in F1 status during the fall. We discussed that prior policy guidance in an earlier blog post. The withdrawal came in the face of lawsuits from many U.S. universities. Thus, for the time being, it appears that the exceptions made for online classes and student visas from the onset of the coronavirus (COVID-19) pandemic will remain in effect. However, it is unclear whether the Government may seek to alter the directive through different means before most college classes resume.

F-1, M-1, and J-1 students who may be affected by the fluid situation should stay in touch with their designated school officials for guidance on their school's plans and how those plans may be affected by government policy. Students with case-specific questions about their status should consult with an experienced immigration attorney.

You may learn about student visas generally in our growing section on site.

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

Six Immigration Courts to Resume Some Non-Detained Hearings

The Executive Office for Immigration Review (EOIR) announced that the following six immigration courts will resume non-detained individual (merits) hearings and master calendar dockets involving small numbers of respondents on June 29, 2020 [PDF version]:

• Boston Immigration Court
• Buffalo Immigration Court
• Dallas Immigration Court
• Hartford Immigration Court
• Las Vegas Immigration Court
• New Orleans Immigration Court

Face coverings will be required for persons visiting these immigration courts, except for children under two years of age or individuals with medical conditions that prevent them from wearing face coverings. Individuals experiencing possible symptoms of the coronavirus (COVID-19), diagnosed with having the virus, or who has been exposed within the last 14 days will not be permitted to enter EOIR space. Respondents who may be affected should call their attorney or representative as soon as possible.

The option to file by mail at the six immigration courts listed in this notice and at the Batavia Immigration Court, LaSalle Immigration Court, and Oakdale Immigration Court will end on August 26, 2020.

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 Announces Possible Service Cuts Due to Budgetary Concerns

   

 

On June 25, 2020, the Deputy Director for Policy for the United States Citizenship and Immigration Services (USCIS), Joseph Edlow, issued a statement about severe budget problems at the USCIS [PDF version].

USCIS is funded by fees rather than by direct appropriations. During the ongoing coronavirus (COVID-19) outbreak, USCIS has seen a steady decline in the number of applications. As a result, “[f]orecasts predict a crippling budget shortfall that requires assistance from Congress to allow USCIS to maintain current operations.” Edlow stated that the USCIS “has seen a 50% drop in receipts and incoming fees starting in March and estimates that application and petition receipts will stay well below plan through the end of Fiscal Year 2020.”

On May 15, USCIS notified Congress about its budget shortfall and requested $1.2 billion in emergency funding. The USCIS proposed that it would repay the funds by adding a 10% surcharge to its filing fees.

Thus far, Congress has not moved on giving USCIS the emergency funds. Edlow stated that “[w]ithout congressional action before August 3, USCIS will need to furlough over 13,000 staff members…”

It is unclear whether Congress will approve USCIS's emergency funding request, and if so, what conditions might be attached to the funds. USCIS's position is that without the funds, it will begin implementing extreme cost-control measures, including furloughs. That would potentially lead to cuts in USCIS services and delays in processing forms.

While the fate of USCIS's funding is out of applicants' hands, individuals who need guidance on specific issues involving the USCIS should consult with an experienced immigration attorney.

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