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

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