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Lawsuit to Challenge DHS’Refusal to Follow Perez-Gonzalez, Ninth Circuit I-212 Decision September 30, 2006

Posted by dsheen88 in Immigration Cases, Immigration Laws and Policies, MyComments, Simply Immigration!, Tips.
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This class action challenges the Department of Homeland Security’s willful refusal to follow the precedent decision of the Ninth Circuit in Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). The Ninth Circuit determined that individuals who have previously been removed or deported may apply for adjustment of status (under INA § 245(I)) along with an accompanying I-212 waiver application.

The suit is brought by Northwest Immigrants Right Project, the American Immigration Law Foundation, and Van Der Hout, Brigagliano & Nightingale, LLP. The case is Duran Gonzalez v. U.S. Dept. of Homeland Security, C-06-1422, and was filed in the United States District Court for the Western District of Washington on Thursday, September 28, 2006.

-source AILA


Senate Appropriators Block Harsh Enforcement Provisions…on DHS Funding September 26, 2006

Posted by dsheen88 in Action, Immigration Laws and Policies, MyComments, News and politics, Politics and World Events, Simply Immigration!.
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House and Senate negotiators, on 9/25/06, agreed on a $34.8 billion conference report to fund the Department of Homeland Security (DHS) in FY 2007 (H.R. 5441). This sum is an increase of $2.3 billion above fiscal year 2006 and $2.7 billion above the President’s request (includes $1.8 in emergency spending). The conference agreement is expected to be cleared by both chambers by the end of the week. Thanks in part to the work of American Immigration Lawyers Associaation members, a group of Senate appropriators prevented the inclusion in the conference report of harsh immigration enforcement measures that House Republicans attempted to attach to it.

U.S. Government loosens air travel restrictions September 25, 2006

Posted by dsheen88 in News and politics, Tips, Travel Alert.
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The U.S. government is lifting its complete ban against carrying liquids and gels onto airliners, instituted after a plot to bomb jets flying into the United States was foiled, officials said Monday. “We now know enough to say that a total ban is no longer needed from a security point of view,” said Kip Hawley, head of the Transportation Security Administration, at a news conference at Reagan National Airport.

DHS Announces SBINET Contract Award to Boeing September 24, 2006

Posted by dsheen88 in Immigration Laws and Policies, News and politics, Simply Immigration!, USCIS Press Release.
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The Department of Homeland Security (DHS) announced today the award of a contract with the Boeing Co. to implement SBInet along the United States northern and southern borders.  The landmark SBInet program will provide DHS, and its agents and officers, with the best possible solution to detect, identify, classify, respond to and resolve illegal entry attempts at our land borders with Mexico and Canada.  

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
September 21, 2006

USCIS Expands Premium Processing Service September 22, 2006

Posted by dsheen88 in Employment-Based Immigration, Immigration Laws and Policies, Simply Immigration!, Tips.
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U.S. Citizenship and Immigrantion Service just issued a press release today annoucing that the agency will expand its premium processing service to include I-140 (Immigration Petition for Alien worker) for EB1 (Outstanding Professors and Researchers), EB2 (Professionals with Advanced Degree or Exceptional Ability–not seeking National Interest Waiver) and EB3 (Workers Other Than Skilled Workers and Professionals–Unskilled Workers with less than two years of experience or training) catagories.  This new expansion serivce will begin on September 25, 2006.  The fee will be $1000.00 (plus base filing fee).  USCIS will gurantee to process the case within 15 calendar days after receipt.     

9th Circuit Cout of Appeal (CA9) Remands Motion to Reopen for BIA Abuse of Discretion September 22, 2006

Posted by dsheen88 in Immigration Cases, Immigration Laws and Policies, MyComments, Simply Immigration!.
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Petitioners, a husband and wife from Mexico, were denied cancellation of removal by the immigration judge for failure to demonstrate that their U.S. citizen children would suffer “exceptional and extremely unusual hardship” as required by INA §240A(b)(1)(D). The BIA affirmed the denial but granted Petitioners voluntary departure. By the time the Board’s decision was issued, the female petitioner had become seriously ill. The couple failed to voluntarily depart the U.S. and instead filed a motion to reopen with the BIA, attaching new evidence of hardship in light of the female petitioner’s illness. Specifically, Petitioners submitted a letter from the wife’s doctor, which explained that the nature of her illness “may be, in fact, life threatening” and that “it is essential that [she] be allowed to remain in the area and receive . . . proper medical care.” The BIA denied the motion to reopen.

The court found that the BIA did not even mention the female petitioner’s medical problems when it explained its reason for denying the motion. The court held that “[t]he BIA’s failure to identify and evaluate the favorable factors was an abuse of discretion.” The court granted the petition for review and remanded the case to the BIA for further proceedings consistent with its opinion.

Franco-Rosendo v. Gonzales (9th Cir. July 18, 2006)

Doc. No. 06092146 (posted Sep. 21, 2006)–

The BIA’s failure to identify, consider and evaluate factors that are favorable to granting a motion to reopen is an abuse of discretion.

USCIS Issues Notice of Expansion of I-485 Pilot Program September 21, 2006

Posted by dsheen88 in Greencard Lottery, Immigration by Marriage, Immigration Laws and Policies, MyComments, Simply Immigration!, Tips.
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On September 21, 2006, USCIS announced that it is expanding a pilot program that changes filing procedures for aliens submitting Form I-485 based on a family relationship, the diversity visa lottery, or qualification for most special immigrant categories. (71 FR 55206, 9/21/06) Under the expanded pilot program, affected aliens residing within the jurisdiction of the Dallas District Office, El Paso District Office, or Oklahoma City Sub-Office will be required to file in person at the appropriate local office, rather than by mail, after self-scheduling an appointment using Internet-based InfoPass. The purpose of the pilot program is to test an alternative to current filing and processing procedures with the goal of achieving a 90-day processing time for affected Forms I-485.

–source AILA

National Fast for Immigrant Justice – September 30! September 21, 2006

Posted by dsheen88 in Action, Immigration Laws and Policies, MyComments, News and politics, Simply Immigration!, Tips.
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The National Fast for Immigrant Justice will call attention to the horrors of IIRIRA, and put a human face on the suffering this terrible law is inflicting on the most vulnerable among us. Participants in the National Fast for Immigrant Justice will donate the money that they would have spent on food on September 30th to organizations that fight for justice for immigrants, and will contact elected officials and let them know that they are fasting, and why.

For more information please contact: John Gomez (312) 550-7036. You can also read more online at: http://www.nationalfastforimmigrantjustice.com/

2008 Diversity Visa Lottery Program Registration September 20, 2006

Posted by dsheen88 in Greencard Lottery, MyComments, News and politics, Simply Immigration!, Tips, Visa Bulletin.

Applications for the 2008 Diversity Visa (DV) Lottery will be accepted between noon Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 4, 2006 and noon Eastern Standard Time (EST) (GMT-5) Sunday, December 3, 2006. Applicants may access the electronic Diversity Visa entry form at www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon EST on December 3, 2006.

For further details go to: http://www.state.gov/r/pa/prs/ps/2006/72835.htm

Court of Appeal Finds U.S. Violated Asylum Applicant’s Right to Confidentiality September 19, 2006

Posted by dsheen88 in Asylum, Immigration Laws and Policies, Immigration reform, MyComments, Simply Immigration!.
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The U.S. Court of Appeals for the Second Circuit held that BIA ( Board of Immigration Appeal) misinterpreted the scope of Federal Regulation (8 CFR §208.6) when it held that sensitive information had not been revealed to the applicant’s home government. The government breached the confidentiality owed to the asylum applicant when it submitted a document for authentication to the Chinese Prison Bureau.

-source AILA