May 23, 2022 - Five New Immigration Judges

On May 23, 2022, the Executive Office for Immigration Review (EOIR) announced the appointment of five new immigration judges. The immigration judges were appointed by Attorney General Merrick Garland and will sit on four immigration courts in California, Florida, and Massachusetts. See the news release [link]. You will find the list of new immigration judges below.

New Immigration Judge Table

Note: For the “Experience” field, we will list the new immigration judge's experience in broad terms. The EOIR news release includes a detailed list of all of the new immigration judge's previous positions.

See table here.

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 Announces 25 New IJs in March 2022

On March 25, 2022, U.S. Attorney General Merrick Garland announced the investiture of 25 new Immigration Judges. You will find the full list here. We will list the new Immigration Judges and the courts upon which they will sit for your convenience here [see blog].

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 Re-Starts EB-5 Regional Center Program

On March 15, 2022, President Joe Biden signed a law [link] that included provisions that authorize the EB-5 Immigrant Investor Regional Center Program through September 30, 2027. The EB-5 Regional Center Program had expired on June 30, 2021, after Congress did not pass legislation reauthorizing it. Under the reauthorized Regional Center Program, investors will be required to invest $800,000 in a targeted employment area or infrastructure project. The new law provides that 20% of the annual allocation of EB-5 visa numbers will go to those seeking to invest in targeted rural areas, 10% for those seeking to invest in targeted high employment areas, and 2% for investors in infrastructure projects. The law provides that EB-5 derivatives can apply for adjustment when the principal investor applies his or her EB-5 petition. It also includes new provisions for USCIS inspections of targeted employment area sites and rules governing what qualifies as investment funds under statute e.g., new rules clarifying how gifts and loans are treated.

We will update the site with information about changes to the EB-5 Regional Center Program when the USCIS updates its guidance [link].

We have excerpted the pertinent part of the new law relating to the EB-5 Regional Center Program for your convenience [PDF version].

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 Offers Temporary Flexibility for Applicants and Petitioners Affected by Lockbox Delays

On June 10, 2021, the United States Citizenship and Immigration Services (USCIS) announced [link] that it began offering filing flexibility for certain applicants and petitioners impacted by delays at a USCIS lockbox.

The temporary flexibilities will be in effect from June 10, 2021, through August 9, 2021. They apply only to benefit requests submitted to a USCIS lockbox. They do not apply to benefit requests submitted to a USCIS service center or field office.

Below, we quote from the USCIS news release regarding the temporary flexibilities:

• If you submitted a benefit request to a USCIS lockbox between Oct. 1, 2020, and April 1, 2021, and that request was rejected during that timeframe solely due to a filing fee payment that expired while the benefit request was awaiting processing, you may resubmit the request with a new fee payment. If USCIS concurs that it has rejected the benefit request because of the delay, USCIS will deem the request to have been received on the initial filing date it was first received and waive the $30 dishonored check fee.
• USCIS will allow applicants and petitioners to submit documentation with a benefit request resubmission demonstrating that because of the time that elapsed between when a benefit request was originally submitted to a USCIS lockbox and when USCIS rejected it, an applicant, co-applicant, beneficiary or derivative has reached an age that makes them no longer eligible to file for the benefit requested. If USCIS agrees that the delayed rejection caused the person to be ineligible due to age, USCIS will accept the request and deem it to have been received on the date the initial benefit request was received. This flexibility does not apply to Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

The flexibilities have benefits in two cases. The first case involves situations wherein the petitioner's or applicant's filing fee payment expired due to USCIS processing delays. The second case involves situations wherein a benefit request was denied due to the amount of time that elapsed between the petitioner's or beneficiary's submitting the request and its processing. The latter flexibility does not apply to the Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322.

The USCIS news release advises applicants and beneficiaries who believe that they may be eligible to benefit from the flexibilities to contact the agency in order “to verify previously filed benefit requests have not been rejected in error.”

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

Additional 22,000 H2B Visas Made Available for FY-2021 For Certain Employers In Need

On May 21, 2021, the Department of Homeland Security (DHS) and Department of Labor (DOL) published a join-temporary rule making available an additional 22,000 H2B temporary nonagricultural guest worker visas for FY-2021 [link]. The United States Citizenship and Immigration Services' (USCIS) press release [link] on the news explains that these additional H2B visas will be available only to “employers who are likely to suffer irreparable harm without these additional workers.” Furthermore, 6,000 of the 22,000 supplemental H2B visas are being reserved for beneficiaries who are nationals of Honduras, El Salvador, and Guatemala.

Beginning on May 25, 2021, employers that have completed a test of the U.S. labor market to verify that there are no willing, qualified, and able U.S. workers for a position that falls within the ambient of the H2B program may file a Form I-129, Petition for a Nonimmigrant Worker, to seek additional H2B workers. Consistent with the purpose of the newly available H2B visas, the employer must also “submit an attestation with their petition to demonstrate their business is likely to suffer irreparable harm without a supplemental workforce.”

The attestation must be submitted on the DOL Form ETA 9142-B-CAA-4 [link]. It is important to note that the attestation is filed under penalty of perjury, meaning that employers must be honest about their need for additional workers. Furthermore, the employer must attest that he or she is seeking to employ returning workers only, unless it is seeking to employ a worker who is eligible under the 6,000 H2B visa allotment for nationals of Honduras, El Salvador, and Guatemala.

Employers who hope to take advantage of the additional H2B visa allotment should prepare to file their Forms I-129 expeditiously, and may consult an experienced immigration attorney in the area of nonimmigrant work visas [see category] for case-specific guidance.

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

DHS Withdraws Efforts to Rescind the International Entrepreneur Parole Program

On May 10, 2021, the United States Citizenship and Immigration Services (USCIS) announced [link] that it is rescinding a 2018 notice of proposed rulemaking [see blog] to withdraw The International Entrepreneur parole program, which had been instituted by a a final rule published on January 17, 2017. The rule had been previously allowed to take effect [see article] due to an injunction against an initial effort to end the program in 2017.

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

U.S. Mission in Russia No Longer Processing Non-Diplomatic Visas

Effective May 12, 2021, the U.S. Embassy in Moscow reduced consular services due to the Russian Government's preventing it from employing foreign nationals. As a result, the U.S. Embassy in Moscow is no longer processing visas [link] for non-diplomatic travel. The Embassy added that it is not offering routine notarial services (e.g., Consular Reports of Birth Abroad and renewal of passport services) for the foreseeable future.”

The Embassy will provide some emergency services for U.S. citizens who are residents in Russia. Notably, the statement explains that if a U.S. citizen who is resident in Russia requires a new U.S. passport to remain legally present, or if he or she requires an emergency U.S. passport for a demonstrable life or death emergency, the individual may send an email to the Embassy explaining the situation.

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

17 New Immigration Judges Take the Bench in April 2021

On May 6, 2021, the Executive Office for Immigration Review (EOIR) announced the investiture of 17 new immigration judges [link]. These new immigration judges include one Assistant Chief Immigration Judge and six Unit Chief Immigration Judges. Assistant Chief Immigration Judges oversee the operations of their assigned immigration courts. Unit Chief Immigration Judges preside over video teleconference hearings and supervise staff in said hearings. 13 of the immigration judges were appointed by Attorney General Merrick Garland, while the remaining four were appointed by former Acting Attorney General Jeffrey Rosen.

In this post, we will list the new immigration judges and note their resumes and biographical details, with reference to the EOIR's press release.

Immigration Courts Receiving New Immigration Judges

• Adelanto Immigration Court
• Atlanta — W. Peachtree Street Immigration Court
• Chicago Immigration Court
• Houston — Greenspoint Immigration Court (5)
• New York — Broadway Immigration Court
• New York — Federal Plaza Immigration Court
• Portland Immigration Court
• Richmond Immigration Adjudication Center (6)

One New Immigration Judge at the Adelanto Immigration Court

The Adelanto Immigration Court is located in Adelanto, California. It received one new immigration judge.

Bryan E. DePowell

Immigration Judge Bryan E. DePowell began hearing cases in April. He earned his Juris Doctor from Widener University Commonwealth Law School in 2009.

• 2019-2021: Felony prosecutor in Honolulu, Hawaii.
• 2018-2019: Chief Counsel for the House Minority Research Office in Hawaii.
• 2012-2018: Private practice in Pennsylvania.

One New Immigration Judge at the Atlanta — W. Peachtree Street Immigration Court

The Atlanta — W. Peachtree Street Immigration Court is located in Atlanta, Georgia. It received one new immigration judge.

Bryan D. Watson

Immigration Judge Bryan D. Watson began hearing cases in April. He earned his Juris Doctor from the University of Missouri in 1996.

• 1996-2021: U.S. Air Force Active Duty Judge Advocate in a number of locations. Retired from the U.S. Air Force in 2021 with the rank of Colonel.
• 2019-2021: Chief Trial Judge for the U.S Air Force Trial Judiciary at Joint Base Andrews.
• 2017-2019: Commandant of the U.S. Air Force Judge Advocate General's School at Maxwell Air Force Base.
• 2014-2017: General Counsel of the White House Military Office in the District of Columbia.

Chicago Immigration Court

The Chicago Immigration Court is located in Chicago, Illinois. It received one new immigration judge.

Elizabeth Crites

Immigration Judge Elizabeth Crites began hearing cases in April. She earned her Juris Doctor from the University of Illinois Chicago John Marshall School of Law in 2009.

• 2016-2021: Assistant Chief Counsel, Office of Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security in Chicago.
• 2009-2016: Private practice.

Houston-Greenspoint Immigration Court

The Houston-Greenspoint Immigration Court is located in Houston, Texas. It welcomed five new immigration judges.

Nicholle M. Hempel

Immigration Judge Nicholle M. Hempel began hearing cases in April 2021. She earned her Juris Doctor from Chicago-Kent College of Law in 2000.

• 2020-2021: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles, California
• 2003-2010: Local prosecutor
• 1998-2003: Law clerk

Martinque M. Parker

Immigration Judge Martinque M. Parker began hearing cases in April 2021. She earned her Juris Doctor from the University of Arkansas at Little Rock William H. Bowen School of Law in 2011.

• 2017-2021: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Lumpkin, Georgia.
• 2011-2017: Local prosecutor.

David M. Paxton

Immigration Judge David M. Paxton began hearing cases in April 2021. He earned his Juris Doctor from Santa Clara University School of Law in 2009.

• 2015-2021: Assistant U.S. Attorney for the Southern District of Texas.
• 2011-2015: Local prosecutor.
• 2010-2011: Special Assistant U.S. Attorney for the Criminal Division of the Northern District of California, in San Jose.

Kenya L. Wells

Immigration Judge Kenya L. Wells began hearing cases in April 2021. She earned her Juris Doctor from the University of Texas School of Law in 2010.

• 2017-2021: Assistant U.S. Attorney with the U.S. Attorney's Office for the District of Columbia.
• 2010-2016: Assistant District Attorney with the Manhattan (NY) District Attorney's Office.

Mark R. Whitworth

Immigration Judge Mark R. Whitworth began hearing cases in April. He earned his Juris Doctor from the University of Texas at Austin in 1993.

• 2003-2021: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Harlingen, Texas.
• 2001-2003: Assistant District Counsel with the former Immigration and Naturalization Service.
• 1994-2001: Assistant Attorney General with the Office of the Attorney General.
• 1993-1994: Private practice.

New York — Broadway Immigration Court

The New York — Broadway Immigration Court is located in Manhattan, New York. It received one new immigration judge.

Adam Perl

Immigration Judge Adam Perl began hearing cases in April 2021. He earned his Juris Doctor from the St. Thomas University School of Law in 2011.

• 2018-2021: Deputy Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in New York.
• 2016-2018: Deputy Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Newburgh, New York.
• 2014-2016: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in New York.
• 2011-2014: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles.

New York — Federal Plaza Immigration Court

The New York — Federal Plaza Immigration Court is located in Manhattan, New York. It received one new immigration judge.

William H. McDermott

Immigration Judge William H. McDermott began hearing cases in April 2021. He earned his Juris Doctor from The Catholic University of America Columbus School of Law.

• 2011-2021: Local prosecutor in various offices in Maryland.

Portland Immigration Court

The Portland Immigration Court is located in Portland, Oregon. It received one new immigration judge.

Kathy J. Lemke

Immigration Judge Kathy J. Lemke began hearing cases in April. She earned her Juris Doctor from Arizona State University School of Law in 1997.

• 2019-2020: Local prosecutor in Phoenix, Arizona.
• 2009-2019: Assistant U.S. Attorney for the District of Arizona, in Phoenix.
• 1998-2009: Local prosecutor in various offices in Arizona.

Richmond Immigration Adjudication Center

The Richmond Immigration Adjudication Center is located in Richmond, Virginia, and hears cases via video teleconference. It received six new immigration judges.

Megan B. Herndon (Assistant Chief Immigration Judge)

Assistant Chief Immigration Judge Megan B. Hendron began supervisory immigration court duties and hearing cases in April 2021. She earned her Juris Doctor from the University of San Diego School of Law in 2002.

• 2020-2021: Senior Regulatory Coordinator, Office of Visa Services, Bureau of Consular Affairs, Department of State, in the District of Columbia.
• 2018-2020: Deputy Director of Legal Affairs, Office of Visa Services, Bureau of Consular Affairs, Department of State, in the District of Columbia.
• 2015-2015: Chief of the Legislation and Regulations Division, Office of Visa Services, Bureau of Consular Affairs, Department of State.
• 2013-2015: Section Chief and Practice Division, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in the District of Columbia and Falls Church, Virginia.
• 2009-2013: Appellate Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in the District of Columbia and Falls Church, Virginia.

Wade T. Napier (Unit Chief Immigration Judge)

Unit Chief Immigration Judge Wade T. Napier began supervisory immigration adjudication center duties and hearing cases in April 2021. He earned his law degree from Northern Kentucky University-Salmon P. Chase College of Law in 2005.

• 2008-2021: Assistant U.S. Attorney for the Eastern District of Kentucky, in Lexington.
• 2008-2008: Staff attorney for Kentucky trial judge.
• 2005-2007: Private practice.

Tamaira Rivera (Unit Chief Immigration Judge)

Unit Chief Immigration Judge Tamaira Rivera began supervisory immigration adjudication center duties and hearing cases in April. She earned her Juris Doctor at California Western School of Law.

• 2019-2021: Private practice in immigration law.
• 2017-2019: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Orlando.
• 2012-2017: Assistant Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in San Antonio.
• 2010-2012: Attorney Advisor and Special Assistant U.S. Attorney for the U.S. Air Force, in San Antonio.
• 2009-2010: Senior Democracy Fellow, U.S. Agency for International Development, in the District of Columbia.
• 2007-2009: Private practice.
• 1996-2006: U.S. Air Force Judge Advocate in a number of locations.

David H. Robertson (Unit Chief Immigration Judge)

Unit Chief Immigration Judge David H. Robertson began supervisory immigration adjudication center duties and hearing cases in April. He earned his Juris Doctor from the University of Richmond School of Law in 1989.

• 1990-2020: U.S. Army Judge Advocate in a number of locations (also served as a military trial judge, special defense counsel, and prosecutor during this period — retired in 2020 with the rank of Colonel).

Elliot M. Kaplan (Unit Chief Immigration Judge)

Unit Chief Immigration Judge Elliot M. Kaplan began supervisory immigration adjudication center duties and hearing cases in April. Je earned his Juris Doctor from Whittier School of Law in 1982.

• 1983-2020: Private practice at a number of law firms.

Jeb T. Terrien (Unit Chief Immigration Judge)

Unit Chief Immigration Judge Jeb T. Terrien began supervisory immigration adjudication center duties and hearing cases in April. He earned his Juris Doctor from Tulane Law School in 1997.

• 2009-2021: Managing Assistant U.S. Attorney and Assistant U.S. Attorney for the Western District of Virginia, in Harrisonberg.
• 2004-2008: Assistant U.S. Attorney for the Southern District of Ohio, in Cincinnati, and the Northern District of West Virginia, in Martinsberg.
• 1998-2004: Virginia State and local prosecutor in a number of offices and positions.

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 Withdraws Proposed Rule on Biometrics Expansion

On May 7, 2021, the United States Citizenship and Immigration Services announced [link] the Department of Homeland Security withdrew a proposed rule [link] that would have expanded the biometrics collection requirement by removing age restrictions and requiring biometrics for every application, petitioner, sponsor, beneficiary, or other individual associated with an immigration or naturalization request. The proposed rule had been published on September 11, 2020. With the withdrawal of the proposed rule, the USCIS's existing policies will remain in place.

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 Makes Interactive Policy Manual Available Online

On January 13, 2021, the Executive Office for Immigration Review (EOIR) announced the release [link] of a new comprehensive policy manual. The EOIR Policy Manual is available online [link]. Users may search for specific terms with a convenient search box on the EOIR Policy Manual's homepage. The EOIR explains its new Policy Manual in a letter by Director James McHenry [link].

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 Completes H1B Initial Electronic Registration Process

On March 30, 2021, the United States Citizenship and Immigration Services announced [link] that it had received enough electronic registrations during the initial H1B registration period to reach the fiscal year 2022 H-1B cap for both regular H-1B petitions and masters cap petitions. The USCIS has notified all petitions who are eligible that they will be able to file cap-subject H1B petitions on behalf of the named beneficiary of each petition.

H1B petitioners may now check their online accounts to see the status of their petitions. Their account will note whether USCIS received the petition and whether it was selected, denied, or invalidated invalidated for reason of failed payment.

Eligible petitioners may file cap subject petitions for the FY 2022 H1B cap beginning on April 1, 2021. Please note, again, that a petitioner may only file an H1B petition on behalf of the named beneficiary of a valid, selected H1B registration.

Petitioners should consult with an experienced immigration attorney in the area of work visas [see category] for case-specific guidance.

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 Reverts to Prior Blank Form Rejection Policy

The United States Citizenship and Immigration Services (USCIS) has reverted its policy to that which was in effect prior to October 2019 regarding certain applications being submitted with blank spaces. The USCIS made the announcement on April 1, 2021 [link].

The forms affected by the October 2019 policy were:

• Form I-589, Application for Asylum and Withholding of Removal;
• Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended); and
• Form I-918, Petition for U Nonimmigrant Status.

Under the return to its pre-2019 policies, the USCIS will no longer reject Forms I-589, I-612, or I-918 if the applicant leaves a blank space.

Despite the policy reversion, the USCIS cautions applicants to ensure that they fill out all required fields on their forms. “[A]pplicants should be aware that we may reject these forms, or it might create delays in their case, if the applicant”:

• Leaves required spaces blank;
• Fails to respond to questions related to filing requirements; or
• Omits any required initial evidence.

While the USCIS's backing away from the October 2019 policy and returning to a more forgiving stance on incomplete forms is welcome news to applicants, it is still very important for applicants to do their utmost to ensure that all forms filed with the USCIS are fully completed. As the USCIS noted, filing an incomplete form may still lead to case delays or the denial of the relevant applicant. An applicant is well-advised to consult with an experienced immigration attorney for guidance on properly completing one of the three forms affected by the policy reversion or any other form that must be filed with the USCIS.

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 to 1999 Public Charge Rules

The United States Citizenship and Immigration Services (USCIS) has moved away from the August 2019 public charge rule that had been crafted and published by the previous administration. On March 9, 2021, the Secretary of Homeland Security, Alejandro N. Mayorkas, stated [link] that the Government would no longer defend the public charge rule in court, thus allowing it to be blocked and reverting to the former public charge rules that had been in effect since 1999. On March 19, 2021, the Department withdrew an October 2020 proposed rule [link] changing the affidavit of support requirements to go along with the August 2019 public charge rule.

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 Holds that BIA is Required to Make Unpublished Decisions Publicly Available

On February 5, 2021, the United States Court of Appeals for the Second Circuit published an important decision for immigration practitioners and the general public in New York Legal Assistance Group v. Board of Immigration Appeals, 19-3248-cv (2d Cir. 2021) [PDF version].

The New York Legal Assistance Group filed suit to require the Board of Immigration Appeals to make all of its non-precedent decisions available to the public. In pursuing its case, the New York Legal Assistance Group relied upon the federal statute codified at 5 USC 552(a)(2), which places upon the Board the affirmative obligation under the Freedom of Information Act to make all of its final opinions and orders public in an electronic format. 5 USC 552(a)(4)(B) gives Federal district courts the authority to enjoin the Board from withholding records and to order the Board to produce records. The New York Legal Assistance Group sought to require the Board to make available for the public all unpublished opinions issued since November 1, 1996, in addition to future unpublished opinions.

In issuing an opinion to resolve a case, the Board may issue a published opinion or an unpublished opinion. Published opinions are precedential [see article], and thus binding on other cases. Unpublished opinions are non-precedential [see article], and are not binding in other cases. Nevertheless, the Board often references its unpublished opinions, despite the fact that they are not binding, and practitioners and clients often lack access to these opinions.

The United States District Court for the Southern District Court had dismissed the New York Legal Assistance Group's petition, concluding that he lacked the authority under statute to order the Board to make its unpublished opinions publicly available.

The Second Circuit, however, disagreed. By a 2-1 majority, the Court held that the district court did have the authority to order the Board to comply with its affirmative disclosure obligations. For that reason, the Second Circuit remanded the record to the District Court to reconsider the matter in light of the ruling that the district court has the authority to order the Board of Immigration Appeals to comply with its obligations to make all of its opinions available to the public.

The Second Circuit has, for the time being, left it to the District Court to consider what remedies are appropriate. Its opinion notes that while the Board of Immigration Appeals created the instant problem by not complying with its obligations to make records publicly available, remedying the problem will place a burden on the agency. For that reason, the Second Circuit recommended that the District Court consider a remedy that would require the Board to begin complying with its obligations by publishing more recent decisions, and reassess periodically.

On page 46 of the opinion, the Second Circuit stated that there “may be … some point in the process [where] the burden of redacting and posting [unpublished opinions and orders] will outweigh the equitable benefits of continued publication.” Here, the Second Circuit majority opined that recent opinions dealing with current laws will be more valuable to immigration practitioners and the general public than older decisions. Thus, while the New York Legal Assistance Group won an important victory, it is possible that the courts will not ultimately require the Board to make public every opinion — estimated to be 750,000 — it has issued since November 1, 1996.

The Second Circuit's decision is an important victory for transparency, and it will help ensure that the Board does not rely upon decisions to resolve cases that are not readily available to immigration lawyers and individuals in the immigration system. Furthermore, being able to consult unpublished decisions provides valuable information for how to approach cases where there are similar issues. We congratulate the New York Legal Assistance Group for its well-earned an important victory.

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

President Biden Revokes Bar on Entry of New Permanent Residents

On February 24, 2021, President Joe Biden issued a Presidential Proclamation revoking former President Donald Trump's April 2020 Executive Order [see blog] barring the entry of certain classes of immigrants as permanent residents. The suspension was slated to expire at the end of April, 2021. The rescission is effective immediately. Foreign nationals who may be affected favorably should consult with an experienced immigration attorney for case-specific guidance.

See Order.

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

Supreme Court to Review Trump Administration's Public Charge Rule

The Supreme Court of the United States agreed to take a case concerning the legality of the public charge rules implemented by the administration of former President Donald Trump [PDF version]. However, it is unclear whether the current Biden Administration will retain the public charge rules or seek to return to the former public charge rules. In the event that the Biden Administration moves to do away with the new public charge rules, the Supreme Court's consideration of the issue may be mooted. We will update the site with further 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

USCIS Lockbox Delays

On January 8, 2021, the USCIS reported [link] that it is experiencing delays issuing receipts for some applications and petitions filed at a USCIS lockbox facility.

The USCIS cautions customers that “[a]s a result of COVID-19 restrictions, an increase in filings, current postal service volume, and other external factors, you may experience a delay of four to six weeks in receiving your receipt notice after properly filing an application or petition with a USCIS lockbox.” The USCIS advises that “[t]hese delays will not affect the receipt date which is determined [under] 8 CFR 103.2(a)(7).”

The USCIS warned of especially significant delays for those who filed non-family based Forms I-485 or Forms I-765 on eligibility categories relating to F1 students.

The USCIS advises customers to file their forms online if the form in question is amenable to online filing. For filers who have to use a USCIS lockbox facility, the USCIS suggests completing the Form G-1145, E-Notification of Application/Petition Acceptance, and clipping it to the front of the form in question when filing at a USCIS lockbox in order to request a text message and/or email when the USCIS accepts the form.

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

34 New Immigration Judges Sworn in During October and December 2020

On October 9, 2020, the Executive Office for Immigration Review (EOIR) announced the investiture of 20 new immigration judges [link] at immigration courts across the country. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. The October announcement explained that “[s]ince Jan. 20, 2017, the [Department of Justice] has increased EOIR's immigration judge corps from 306 to 520 adjudicators — an increase of nearly 70 percent.” In this post, we will consolidate the October 9 and December 18 immigration judge investiture announcements, covering all 34 new immigration judges and listing the immigration courts on which they will serve. Each of the 34 new immigration judges was appointed by now-former U.S. Attorney General William P. Barr.

We will draw the list of judges and their basic biographical information from the EOIR's articles for October 9 [link] and December 18 [link].

Abbreviations Used in this Article

Many of the new immigration judges worked in various capacities for the DHS and DOJ prior to their appointments to the immigration bench. Below, you will find a list of abbreviations that we will use in their biographies, where necessary.

• DOJ = Department of Justice
• DHS = Department of Homeland Security
• ICE = Immigration and Customs Enforcement
• CBP = U.S. Customs and Border Protection
• USCIS = U.S. Citizenship and Immigration Services
• OCC = Office of Chief Counsel
• OPLA = Office of Principal Legal Advisor

Immigration Courts Welcoming New Judges

Below, you will find the full list of immigration courts that welcomed new immigration judges in the October 9 and December 18 announcements. We will indicate in a parenthetical the courts that received multiple new immigration judges. We will use square brackets to indicate the state each immigration court is located in.

The three immigration court locations in Manhattan — Broadway, Federal Plaza, and Varick Street, received 10 new immigration judges combined between the October and December announcements.

• Adelanto Immigration Court [CA]
• Atlanta — W. Peachtree Street Immigration Court [GA]
• Batavia Immigration Court [NY]
• Chicago Immigration Court [IL]
• Cleveland Immigration Court [OH]
• Dallas Immigration Court [TX]
• El Paso Immigration Court [TX]
• Falls Church Immigration Adjudication Center [VA]
• Fort Worth Immigration Adjudication Center [TX]
• Harlingen Immigration Court [TX]
• Houston Immigration Court [TX] (2)
• Houston — S. Gessner Road Immigration Court [TX]
• Imperial Immigration Court [CA]
• Los Angeles — Olive Immigration Court [CA]
• New York — Broadway Immigration Court [NY] (7)
• New York — Federal Plaza Immigration Court [NY]
• New York — Varick Immigration Court [NY] (2)
• Otay Mesa Immigration Court [CA] (2)
• Otero Immigration Court [NM]
• Philadelphia Immigration Court [PA]
• Port Isabel Immigration Court [TX]
• San Antonio Immigration Court [TX]
• San Francisco Immigration Court [CA] (2)
• Seattle Immigration Court [WA]

New Judge for Adelanto Immigration Court

Immigration Judge Ravit R. Halperin (December Investiture)

• 2000-2020: Private practice (2008-2020 as the founder of an immigration law firm)
• 1992: Earned J.D. from the City University of New York Law School

New Judge for the Atlanta — W. Peachtree Street Immigration Court

Immigration Judge Blake L. Doughty (October Investiture)

• 2019-2020: Deputy chief counsel, OCC, OPLA, ICE, DHS in Atlanta, Georgia
• 2015-2019: Assistant chief counsel, OCC, OPLA, ICE, DHS in Atlanta and Lumpkin, Georgia
• 2014-2014: Local prosecutor
• 2009-2014: U.S. Army judge advocate
• 2008: Earned J.D. from Roger Williams University School of Law

New Judge for the Batavia Immigration Court

Immigration Judge Robert P. Driscoll (October Investiture)

• 1998-2020: Local prosecutor in Athens, Ohio
• 1993-1998: Private practice
• 1993: Earned J.D. from Capital University Law School

New Judge for the Chicago Immigration Court

Immigration Judge Brendan Curran (October Investiture)

• 2007-2020: Assistant chief counsel, OCC, OPLA, ICE, DHS in Chicago, Illinois
• 1999-2007: Local prosecutor in Cook County, Illinois
• 1994-1999: Served as an officer in the Judge Advocate General's Corps of the U.S. Navy
• 1994: Earned J.D. from DePaul University College of Law

New Judge for the Cleveland Immigration Court

Immigration Judge Donald Pashayan (December Investiture)

• 2012-2020: Assistant U.S. attorney in the Organized Crime Drug Enforcement Task Force of the District of Arizona
• 2003-2012: Assistant U.S. attorney in the Southern District of Ohio and in the Middle District of Florida
• 2002-2002: Private practice
• 1999-2002: Judge advocate in the U.S. Navy
• 1999: Earned J.D. from the Cleveland-Marshall College of Law
• 1994-1999: Police officer

New Judge for the Dallas Immigration Court

Immigration Judge Glen R. Hines

• 1997-Present: Judge advocate in the U.S. Marine Corps
• 2018-2020: Civilian legal counsel and policy advisor for the U.S. Department of Defense
• 2014-2018: Circuit military judge
• 2012-2014: Assistant U.S. attorney for the Western District of Arkansas
• 2005: Earned Master of Laws degree from the George Washington University School of Law
• 1994: Earned J.D. from the University of Arkansas

New Judge for the El Paso Immigration Court

Immigration Judge James J. Miller Jr.

• 1998-2020: Chief assistant U.S. Attorney for the U.S. Attorney's Office, Western District of Texas, Pecos Division, in Alpine, Texas
• 1994-1998: Senior Defense Counsel, Trial Defense Service, U.S. Army Judge Advocate General Corps
• 1990-1994: Attorney and prosecutor with the U.S. Army Judge Advocate General Corps
• Earned J.D. from Hamline University School of Law

New Judge for the Falls Church Immigration Adjudication Center

Immigration Judge Robert M. Lewandowski (December Investiture)

• 1986-2020: Judge advocate in the U.S. Marine Corps
• 2004-2020: Chief of staff, special assistant and senior advisor, for the U.S. Border Patrol, CBP, DHS, in the District of Columbia
• 1996-1994: Sector counsel for the Laredo, Texas Sector, U.S. Border Patrol, CBP, DHS
• 1989: Earned J.D. from the College of William and Mary

New Judge for the Fort Worth Immigration Adjudication Center

Immigration Judge Randall L. Fulke (October Investiture)

• 1990-2020: Assistant U.S. attorney at the U.S. Attorney's Office for the Eastern District of Texas
• 1988-2018: U.S. Army Reserve, Judge Advocate General's Corps
• 1986-1990: Assistant district attorney for Lubbock and Midland Counties, in Texas
• 1984-1985: Private Practice
• 1984: Earned J.D. from Texas Tech University School of Law

New Judge for the Harlingen Immigration Court

Immigration Judge Mark K. Brooks (December Investiture)

• 2019-2020: Special trial attorney, OPLA, ICE, DHS, in Arlington, Virginia, on detail from USCIS
• 2017-2020: Immigration officer, Fraud Detection National Security Directorate, USCIS, DHS.
• 2012-2016: Private practice
• 2005-2012: Attorney advisor, Office of Chief Counsel, Federal Emergency Management Agency (FEMA), DHS, in the District of Columbia
• 2001-2004: State prosecutor serving in Maryland
• 1986-2001: Private practice
• 1986: Earned J.D. from the Antioch School of Law

Two New Judges for the Houston Immigration Court

Immigration Judge Joshua D. Osbourn (October Investiture)

• 2016-2020: Assistant chief counsel, OCC, OPL, ICE, DHS, in Los Angeles (Adelanto)
• 2009-2016: Local prosecutor in Arizona
• 2008: Earned J.D. from the University of Kansas, School of Law

Immigration Judge Christopher M. Schumann (October Investiture)

• 2000-2020: Attorney and military judge with the U.S. Air Force
• 2005: Earned Master of Laws from the Judge Advocate General's Legal Center and School
• 1999: Earned J.D. from the University of Pittsburgh School of Law

New Judge for the Houston — S. Gessner Road Immigration Court

Immigration Judge DeLana M. Jones (October Investiture)

• 2013-2020: Special assistant U.S. attorney and assistant U.S. attorney in the U.S. Attorney's Office for the Northern District of Georgia
• 2010-2013: Law clerk for U.S. Magistrate Judge Linda T. Walker, Northern District of Georgia, in Atlanta
• 2006-2010: Private practice
• 2006: Earned J.D. from Harvard Law School

New Judge for the Imperial Immigration Court

Immigration Judge Jeffrey V. Muñoz (December Investiture)

• 1995-2020: Active duty in the Marine Corps; including as a criminal defense attorney, prosecutor, general counsel, and military trial judge
• 2003: Earned J.D. from the University of Arizona College of Law

New Judge for the Los Angeles — Olive Immigration Court

Immigration Judge Wilbur Lee (October Investiture)

• 1998-2020: Judge advocate in the U.S. Marine Corps; including service as a military judge
• 2010: Earned Master of Laws from the Judge Advocate General's Legal Center and School
• 1997: Earned J.D. from the Southwestern University School of Law

Seven New Immigration Judges for the Broadway — New York Immigration Court

Immigration Judge Erin L. Alexander (December Investiture)

• 2004-present: U.S. Navy in various active duty and reserve capacities, including as a judge advocate
• 2014-2020: Assistant district attorney in the New York County District Attorney's Office (Manhattan)
• 2012-2014: Private Practice
• 2010: Earned J.D. from Georgetown University Law Center

Immigration Judge John P. Burns (December Investiture)

• 2016-2020: Assistant chief counsel, OPLA, ICE, DHS, in New York
• 2013-present: Officer in the Judge Advocate General's Corps of the New York Army National Guard
• 2010-2016: Attorney at the Social Security Administration
• 2009: Earned J.D. from Fordham University School of Law

Immigration Judge Edward P. Grogan (October Investiture)

• 2000-2020: Assistant U.S. attorney at the U.S. Attorney's Office for the Northern District of New York
• 1994-2020: U.S. army judge advocate general officer
• 1993: Private practice
• 1992: Earned J.D. from Albany Law School
• 1984-1988: Army infantry officer

Immigration Judge Dawn M. Kulick (December Investiture)

• 2016-2020: Assistant chief counsel, OPLA, ICE, DHS, in Miami and Philadelphia
• 2014-2016: Judicial law clerk for U.S. Magistrate Judge Andrea M. Simonton, U.S. District Court for the Southern District of Florida
• Before 2014: Assistant state attorney in the Miami-Dade State Attorney's Office; Private practice
• 2003: Earned J.D. from New York Law School
• 1993-2001: Worked in corporate world, including for a publishing house

Immigration Judge Shirley Lazare-Raphael (December Investiture)

• 2019-2020: Assistant chief counsel, OPLA, ICE, DHS, in New York
• 2001-2019: Private practice
• 2000: Earned J.D. from Brooklyn Law School

Immigration Judge Tanawa Lebreton (October Investiture)

• 2006-2020: Private practice in various positions; including 2017-2020 stint as practice group director with Inland Counties Legal Services, and 2008-2009 stint as staff attorney with Catholic Legal Services
• 2006: Earned J.D. from Ave Maria School of Law

Immigration Judge James R. McKee (October Investiture)

• 2018-2020: Chief, Foreign Law Branch, Department of Defense, in Germany and Florida
• 2016-2018: Served with the September 11th Victim Compensation Fund, DOJ
• 2012: Earned Master of Laws from the Judge Advocate General's Legal Center and School
• 1994-2016: U.S. Army judge advocate in multiple positions
• 1989-2013: Enlisted infantry soldier in the New York Army National Guard
• 1991-1993: Clerk for the 60th Judicial District Court of Common Please, in Pike County, Pennsylvania
• 1991: Earned J.D. from the Syracuse University School of Law

New Judge for the New York — Federal Plaza Immigration Court

Immigration Judge Maria T. Ubarri (December Investiture)

• 2010-2020: State trial court judge in Puerto Rico
• 1995-2010: Private practice
• 1994-1995: Policy advisor to the Governor of Puerto Rico
• 1993: Legislative assistant for the Resident Commissioner of Puerto Rico, U.S. House of Representatives
• 1991: Earned J.D. from the University of Puerto Rico Law School

Two New Judges for the New York — Varick Street Immigration Court

Immigration Judge Richard H. Drucker (December Investiture)

• 1981-2020: Private practice in Cleveland, Ohio
• 1981: Earned J.D. from Cleveland State University

Immigration Judge Thomas J. Mungoven (October Investiture)

• 2004-2020: Private practice; including 2004-2008 stint as staff attorney at Catholic Charities of the Archdiocese of Newark Immigrant and Refugee Services Division
• 2004: Earned J.D. from Saint John's University School of Law

Two New Judges for the Otay Mesa Immigration Court

Assistant Chief Immigration Judge Colleen M. Glaser-Allen (October Investiture)

• 2018-2020: Chief trial judge of the Navy-Marine Corps Trial Judiciary
• 2016-2018: Served at the Navy-Marine Corps Court of Criminal Appeals, including from 2017-2018 as chief appellate judge
• 1995-2020: Active duty judge advocate in the U.S. Navy-Marine Corps
• 2007: Earned Master of Laws from the George Washington University Law School
• 1995: Earned J.D. from the University of Illinois College of Law at Urbana-Champaign

Immigration Judge Samantha L. Begovich (December Investiture)

• 1996-2020: Deputy district attorney for the Office of the District Attorney, San Diego, California
• 1994-1996: Trial attorney for the Civil Rights Division, Criminal Section, Department of Justice
• 1994: Special assistant U.S. attorney at the U.S. Attorney's Office for the District of Columbia
• 1994: Earned J.D. from Stanford Law School

New Judge for the Otero Immigration Court

Immigration Judge Ralph E. Girvin Jr. (October Investiture)

• 2018-2020: Assistant chief counsel, OCC, OPLA, ICE, DHS in El Paso, Texas
• 2016-2018: Assistant U.S. attorney for the Western District of Texas
• 2000-2016: Assistant attorney and chief of the Civil and Criminal Divisions, for the County of El Paso, Texas
• 1996-1999: Assistant district attorney for the 34th Judicial District of Texas
• 1995: Earned J.D. from St. Mary's University School of Law
• 1986-1992: Served in the U.S. Army Reserve and Texas Army National Guard

New Judge for the Philadelphia Immigration Court

Immigration Judge Patrick J. Ehlers (October Investiture)

• 2015-2020: Assistant U.S. attorney in Portland, Oregon; also resident legal advisor for the DOJ's Office of Overseas Prosecutorial Development
• 1998-2015: Assistant federal public defender in Portland, Oregon and previously in various locations in Oklahoma
• 1996-1998: Public defender in Oklahoma
• 1995-1996: Judicial assistant to judge for the Oklahoma Court of Criminal Appeals
• 1993-1995: Post-conviction defense counsel for the Oklahoma Indigent Defense System
• 1993: Earned J.D. from the University of Oklahoma College of Law

New Judge for the Port Isabel Immigration Court

Immigration Judge Jefferson B. Brown (October Investiture)

• 1994-2020: Chief circuit trial judge, deputy circuit trial judge, appellate judge, trial judge, staff judge advocate, deputy staff judge advocate, appellate defense counsel, trial defense counsel, and prosecutor for the U.S. Air Force; retired with rank of colonel
• 1993: Earned J.D. from Vanderbilt Law School

New Judge for the San Antonio Immigration Court

Assistant Chief Immigration Judge Charles P. Koutras (October Investiture)

• 1997-present: Judge advocate for the U.S. Navy in active and reserve capacities
• 2006-2020: Attorney for U.S. Army South at Fort Sam Houston, Texas
• 2002-2004: Assistant city attorney for San Antonio, Texas
• 1997: Earned J.D. from St. Mary's University

Two New Immigration Judges for the San Francisco Immigration Court

Immigration Judge Samuel Y. Kim (December Investiture)

• 2018-2020: Private practice in San Francisco, California
• 2014-2018: Assistant chief counsel, OPLA, ICE, DHS, in San Francisco, California
• 2013-2014: Private practice in San Francisco, California
• 2011-2013: Assistant chief counsel, OPLA, ICE, DHS, in Los Angeles, California
• 2006-2011: Active duty as a judge advocate for the Marine Corps Forces Reserve
• 2004-2005: Private practice
• 2004: Earned J.D. from Washington University in Saint Louis School of Law

Immigration Judge Jason R. Masterson (December Investiture)

• 2011-2020: Active duty judge advocate in the U.S. Navy
• 2011-2013: Prosecutor and special assistant U.S. Attorney for the Southern District of California
• 2010: Earned J.D. from the University of Cincinnati College of Law
• 2009-2010: Cincinnati Prosecutor's office
• 2008-2009: Fellow with the Ohio Innocence Project
• 2004-2007: Substance abuse and mental illness case manager for non-profit

New Judge for the Seattle Immigration Court

Immigration Judge Hayden Windrow

• 2020: Trial attorney, District Court Section, Office of Immigration Litigation, DOJ
• 2015-2020: Assistant chief counsel, OPLA, ICE, DHS, in New York
• 2005-2015: Judicial law clerk at multiple Article III Courts
• 2005: Earned J.D. from New York University School of Law

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

Judge Enjoins New Rules on USCIS Fees and Fee Waivers

On September 29, 2020, Judge Jeffrey S. White of the United States District Court for the Northern District of California entered a preliminary injunction against the new USCIS rules on fees and fee waivers, preventing them from taking effect on October 2, 2020. Judge White cited to several reasons for granting the injunction, including claims that several acting officials at DHS and USCIS were not appointed in accordance with the law, failure to comply with the Administrative Procedures Act, and a general failure on the part of the Government to fully explore the implication of the changes.

The effect of the order is that the new fees and limitations on fee waivers will not take effect on October 2, as had been planned. The litigation will surely continue, and we will update the site with any information about changes to the fees.

We covered the new fee rule [see article] and fee waiver rules [see article] in separate articles. See the following links for the prior fee schedule [link] and fee waiver rules [see blog], which will now remain in effect for the foreseeable future.

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

President Trump Nominates Chad Wolf to be Secretary of Homeland Security

On August 25, 2020, President Donald Trump announced that he will nominate Chad Wold to be the Secretary of Homeland Security [link]. Chad Wolf has been serving as acting Secretary of Homeland Security since November 13, 2019, when he was appointed [see blog] to succeed former acting Secretary Kevin McAleenan [see blog]. There has not been a Senate-confirmed Secretary of Homeland Security since the resignation of former Secretary Kirstjen Nielsen [see blog] on April 10, 2019.

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