Adjustment of Status
Letter to EOIR Urging Interim Relief Pending Final Resolution of Section 3 of DOMA
Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and the Council, joined by dozens of other organizations, urged the Administration to adopt interim measures in immigration cases involving marriages to a lesbian or gay noncitizen. Such interim measures are needed to maintain the status quo until there is a final judicial or legislative resolution regarding Section 3 of DOMA. Read More
Letter to DOJ Urging Interim Relief Pending Final Resolution of Section 3 of DOMA
Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and the Council, joined by dozens of other organizations, urged the Administration to adopt interim measures in immigration cases involving marriages to a lesbian or gay noncitizen. Such interim measures are needed to maintain the status quo until there is a final judicial or legislative resolution regarding Section 3 of DOMA. Read More
Regulatory comment: Adjustment of Status of “arriving aliens” who are in removal
The Council submitted comments on June 12, 2006, on the interim regulations that lifted the ban on “arriving aliens” being able to adjust their status if they are in removal proceedings.
Husic v. Holder – Second Circuit
A waiver of removal under INA § 212(h) is not available to an individual who committed an aggravated felony within five years of having previously been "admitted" to the United States as a lawful permanent resident. The Council, with AILA, filed amicus briefs in numerous Courts of Appeals, successfully arguing that the § 212(h) bar to waiver eligibility applies only to noncitizens who were admitted in LPR status at a port of entry, as distinct from those who adjusted to LPR status post-entry. Read More
Ramirez v. Dougherty – Ninth Circuit
The Council, with the American Immigration Lawyers Association, filed this amicus brief arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible. Read More
Bona v. Ashcroft – Ninth Circuit
The Council filed amicus briefs in numerous courts of appeals challenging the pre-2005 regulatory bar to adjustment of status for “arriving aliens” in removal proceedings. Several courts accepted our arguments that the regulation violated the adjustment of status statute. Succar v. Ashcroft, 394 F.3d 8 (1st Cir. 2005); Zheng v. Gonzales, 422 F.3d 98 (3d Cir. 2005); Bona v. Ashcroft, 425 F.3d 663 (9th Cir. 2005). Ultimately, DHS withdrew the challenged regulation and replaced it with one providing USCIS with jurisdiction to adjust the status of an "arriving alien" in removal proceedings. 71 Fed. Reg. 27585 (2006). The amicus brief filed in Bona v. Ashcroft is representative of the briefs filed in other circuits. Read More
Matter of Yauri – Board of Immigration Appeals
Following DHS's adoption of an interim regulation that gave USCIS jurisdiction over the adjustment application of an "arriving alien" in removal proceedings, the Council filed amicus briefs with the BIA and Federal Courts challenging the BIA's general refusal to reopen removal proceedings so that an "arriving alien" with an unexecuted final order could adjust with USCIS. The BIA rejected our arguments in Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). Meanwhile, however, USCIS made clear that it retained jurisdiction over these cases despite the final order. Read More
Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation
In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (USCIS) must provide notice of its intent to revoke an immigrant visa petition to those who… Read More
Visa Bulletin “Do-Over” Undercuts Visa Modernization
Earlier this month, the immigration agencies took a positive step forward in implementing the executive action promise to reform the visa system when they issued the October Visa Bulletin, informing the public about who would be eligible to apply for lawful permanent resident status in October. But now the… Read More
Immigration Appeals Court Reverses Position on Deportation Waivers
In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may now have an opportunity to avoid deportation by proving to an immigration judge that their removal would cause… Read More
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