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