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Matter of J-J-G-, (BIA 2020) The Board of Immigration Appeals Makes Extreme Hardship Burden Higher

Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition and, if he or she is accompanying the applicant to the country of removal, that adequate medical care for the claimed condition is not reasonably available in that country. (2) The Immigration Judge properly determined that the respondent did not establish eligibility for cancellation of removal because he did not demonstrate that his qualifying relatives will experience hardship, including medical, economic, and emotional hardship, that rises to the level of exceptional and extremely unusual. There is a lot of language in this decision that is going to make it much more difficult to get cancellation of removal after the Board's decision in March 2020.

Hot Topics in Immigration

Touro Immigration Law Society Federal Immigration Judge Segal, Local Immigration Attorneys, Professor Brooks, Professor Roig, Professor Shankar. Discussion of immigration law in the COVID post Trump era

Judge Rules Wolf not Lawfully Appointed & Blocks New Asylum Rules

https://amp.cnn.com/cnn/2020/09/14/politics/judge-chad-wolf/index.html Judge rules Chad Wolf likely unlawfully serving as Homeland Security secretary and temporarily blocks some asylum restrictions. Judge rules Chad Wolf likely unlawfully serving as Homeland Security secretary and temporarily blocks some asylum restrictions according to CNN.



A federal judge in Maryland on Friday ruled that Chad Wolf is likely unlawfully serving as acting secretary of the Department of Homeland Security and temporarily barred the Trump administration from enforcing new asylum restrictions on members of two immigration advocacy groups, according to court documents. "In sum, the Court concludes that Plaintiffs are likely to demonstrate (former acting Homeland Security Secretary Kevin) McAleenan's appointment was invalid under the agency's applicable order of succession, and so he lacked the authority to amend the order of succession to ensure Wolf's installation as Acting Secretary," Judge Paula Xinis' 69-page ruling said.
Xinis also wrote that "by extension, because Wolf filled the role of Acting Secretary without authority, he promulgated the challenged rules also 'in excess of...authority,' and not 'in accordance with the law.'"

The preliminary finding that Wolf is likely unlawfully serving in his position came as a part of temporarily blocking two asylum rules while the lawsuit over those rules is heard. The case is ongoing.
CNN has previously reported that the Government Accountability Office found that Wolf and Ken Cuccinelli, the senior official performing the duties of deputy secretary, were appointed as part of an invalid order of succession. President Donald Trump tweeted that he would officially appoint Wolf to take over the role on a permanent basis. Wolf's nomination was formally ss
Wolf has been at the forefront of a host of issues like immigration, civil unrest and the coronavirus pandemic response, and as a result, has come under criticism for his actions. During Wolf's tenure, the department has been marked by a focus on the border wall, a fight with New York over Global Entry and more recently, a deployment of federal officers to Portland, Oregon, in opposition to local officials.
Last month, a coalition of 20 state attorneys general and 10 cities and counties challenged the Trump administration's new rules that they argued limited access to employment authorization for asylum seekers, according to a statement from New York Attorney General Letitia James' office. "The first rule would require asylum seekers to wait a year before applying for employment authorization, and bar many from obtaining authorization at all. The second rule would eliminate the longstanding requirement that employment authorization applications be processed within 30 days, thus allowing such applications to sit untouched indefinitely," James' office said. Court documents state the new rules took effect in late August. Xinis found that DHS "completely sidestepped this critical impact of the new rules" and "never wrestled with the fundamental implications of deferring or denying advance work authorization."
"Substantially limiting approval of work authorization for bona fide asylees will inevitably affect their ability to afford the costs of seeking asylum, including hiring legal counsel," Xinis wrote.

Xinis' order granted injunctive relief to only members of Casa de Maryland, Inc. (CASA) and Asylum Seeker Advocacy Project (ASAP), two of the lawsuit's plaintiffs that the judge found to have "demonstrated associational standing at this stage," finding the relief "both proper and necessary to avoid irreparable harm."
The organizations have approximately 100,000 and 4,000 members each, according to the judge's order.

What if I've been stuck outside the US & my LPR card is about to expire or it's been a year?

If you didn’t apply for a re-entry permit before leaving the United States you won't be able to get a re-entry permit now. You will need to apply for an SB-1 visa (also called a “returning resident visa”) at your nearest U.S. consulate or embassy before returning to the US. NOTE:  You can also use a re-entry permit as a travel document if you can’t obtain a passport from your home country. Many countries will let you use a re-entry permit like a passport, and will stamp it with their visas and entry and exit stamps. Make sure to check whether the countries you intend to visit accept U.S. re-entry permits as valid travel documents. HOW TO APPLY FOR REENTRY PERMIT To apply for a re-entry permit, you must file Form I-131 (“Application for Travel Document”). This form collects details about your planned trip, your foreign travel since becoming a green card holder, and whether you’ve been properly filing US tax returns. MORE INFORMATION ABOUT RE-ENTRY PERMITS, ADVANCE PAROLE, AND TRAVEL DOCUMENTS.

USCIS Avoids Furlough

Well...looks like I was wrong and USCIS has been saved from furlough. CBS News Reports: U.S. Citizenship and Immigration Services (USCIS) on Tuesday announced it would abandon plans to furlough more than 13,000 employees next week, temporarily averting a scenario that would have crippled the processing of applications for green cards, work permits, U.S. citizenship and other immigration benefits. In a message to employees obtained by CBS News, Deputy USCIS Director for Policy Joseph Edlow said the agency was able to avoid furloughing nearly 70% of its workforce because its financial situation has "improved somewhat" since the spring, when the coronavirus pandemic fueled an unprecedented drop in petitions. Unlike most other federal agencies, USCIS is largely funded through the application fees it charges. Though applications have increased in recent weeks, Edlow said the agency is still projecting a budget shortfall heading into fiscal year 2021, which starts in October, and continues to require financial assistance from Congress. Read more at CBS NEWS

U.S. restricts work permits for asylum-seekers

The new rule beginning today, August 25, 2020, will require migrants to wait 365 days from the day they file their asylum petition before applying for work authorization, replacing the previous 150-day timeline. It also disqualifies asylum-seekers from being able to request work permits if they crossed the border illegally. The new rules limiting asylum applicant's eligibility for employment authorization  takes effect today August 25, 2020. The first rule change, effective August 21, 2020, eliminates the requirement that USCIS must process employment authorization applications within 30 days of receiving the application.  This rule change allows USCIS to adjudicate work permit applications for an indeterminate period of time, which will inevitably result in delays. The government claims this move will deter immigrants from filing “frivolous, fraudulent, or otherwise non-meritorious [asylum] claims.”  But the rule change is more likely to force asylum seekers further into poverty and informal economies, thereby making it more difficult for them to meet their basic needs. The second rule change, effective today, August 25, 2020, severely restricts eligibility for work permits while simultaneously increasing the waiting time for work permits.  This too will have dire consequences for asylum seekers struggling financially while their asylum applications remain pending.  The new measures mandate the government to: Delay the issuance of work permits (EAD's) by more than doubling the waiting period to apply from 150 days to 365 days; Bar asylum seekers from receiving a work permit if they attempt to enter the United States without inspection on or after August 25, 2020, unless they qualify for very limited exceptions; Deny employment authorization for asylum seekers who file their asylum application after the one-year filing deadline, unless granted an exception; Prohibit employment authorization for applicants who have been convicted of certain crimes or who are “believed” to have committed a serious non-political crime outside the United States; Deny employment authorization applications if the underlying asylum application has experienced “unresolved applicant-caused delays,” such as a request to amend or supplement the asylum application or if the application is being transferred to a different asylum office due to a change in the applicant’s address; Automatically terminate an asylum seeker’s work permit without provision for renewal if an immigration judge denies the asylum case and the applicant does not appeal to the Board of Immigration Appeals (BIA) within 30 days, or if the applicant does appeal but the BIA denies the appeal; and Limit the employment authorization validity period to a maximum of two years. This applies to asylum applicants who want to renew their employment authorization based on an I-589 Asylum Application filed before this rule took effect. [This will be truly devastating for individuals who were granted Prosecutorial Discretion (PD) while in removal proceedings in order to avoid the risk of deportation, and have been living legally in the US for years renewing their employment authorization every 2 years based on there administratively closed asylum application.] More about new rule for asylum-seekers employment authorization card. NEW RULE: https://www.govinfo.gov/content/pkg/FR-2020-06-22/pdf/2020-13391.pdf

No Emergency Bill Has Prevented The USCIS Furlough

Despite the misleading information being posted all over the internet there has been no emergency bill passed to prevent the USCIS furlough from starting on September 1, 2020. The USCIS furlough is set to go forward as planned and in 6 days USCIS will be furloughing 75% of its staff.l Watch out for bogus headlines. They are click bait designed to get your attention and they are intentionally misleading. Official USCIS Website: www.uscis.gov

2021 DV-VISA LOTTERY

DV-2021 Results is going to be provided through the Official website from 05th June 2020 (New Date). Through this website participants can check their results. The out come of the results will be marked as selected or not selected.. Applicants will be allowed to check selection results one by one  under the 2021 Fiscal year American Visa draw. Around 13 – 14 million participants had submitted online entries. Now they are waiting to check their dv results in the official website. To check the results you must have confirmation number starting with 2021 or 2020. Around 100,000 winners will be selected to issue available 50,000 American visas to the selected winners. If they meet the required eligibility requirements. Applicants must have enough funds to survive in the United States. Or must provide Affidavit of Support from a friend or relative whom should be an American Citizen. Otherwise must be a holder of LPR status from the U.S Department of State. So winning in the draw and getting the visas are separate processing. It means that not the selected winners will get their American Immigrant visas right away. DV Results Checking Website The US State Department is operating the Entrant Status Checking Website to provide selection results. This website used to provide both the DV 2020 Results till 30th September 2020.and DV 2021 Results till 30th September 2021. After this date, it will provide results for dv2021 till 30th September 2021. DON'T THROW AWAY THE CONFIRMATION NUMBER AFTER CHECKING YOUR SELECTION RESULTS. Questions Will the local US Embassy will help me to find my selection results?
No, they will not provide assistance in this matter. Therefore don’t contact them. My confirmation number is lost due to computer malfunction. For instance what I have to do to check my results?
In other words  recover the confirmation number by providing the required information. However there is no other way is available to recover it. The Official website. DV Results Read more.

Happy Birthday Felipe!

A video from the staff at the Alexandre Law Firm, wishing him a very happy birthday in the many languages or their clients and thanking him for being such a wonderful leader mentor, role model, and teacher. The Alexandre Law Firm, P.C. New York Office 136-20 38th Avenue, Suite 11B Flushing, NY 11354 (718) 305-1660 California Office 1709 Nogales St Suite 203 Rowland Heights, CA 91789 (626) 509-2126 Alexandre Law Chinese YouTube Channel - Coming to America ALF Facebook: https://www.facebook.com/AlexandreLawFirm ALF Website: Alexandre Law Firm Advanced Global Advance Global YouTube Channel

Podcast? It's less work than writing

US Immigration Law Podcast Podcasts are lame but also kinda cool and I listen to them. My podcast isn't good but maybe it could be. I just know that I don't have time to write daily updates so just listen to be rant. Check out the first podcast I recorded.

Government Watchdog Reaffirms Homeland Security Leadership Appointments Invalid

The Government Accountability Office reaffirmed its decision Friday that the appointments of the top two officials at the Department of Homeland Security were invalid. Washington(CNN) The Government Accountability Office reaffirmed its decision Friday that the appointments of the top two officials at the Department of Homeland Security were invalid. Earlier this month, the GAO, which serves as a government watchdog for Congress, found that acting Homeland Security Secretary Chad Wolf and Ken Cuccinelli, the senior official performing the duties of deputy secretary, were appointed as part of an invalid order of succession. On Friday, the GAO declined, saying it would only reverse a decision if it "contains a material error of fact or law. DHS has not demonstrated that our prior decision contains errors of either fact or law, nor has DHS presented information not previously considered that warrants reversal or modification of our decision. Source:https://amp.cnn.com/cnn/2020/08/21/politics/gao-homeland-security/index.html

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