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DACA Renewal Announced

On June 5, 2014 Secretary of Homeland Security Jeh Johnson announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA)program. This coincides with the submission by the U.S. Citizenship and Immigration Services (USCIS) to the Federal Register for approval of a revised form for application to allow individuals previously enrolled in DACA, to renew their deferral for a period of two years. USCIS will immediately begin accepting renewal requests. USCIS will…

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California Supreme Court Grants Admission To Practice Law

In a landmark decision issued earlier this year, the Supreme Court of California affirmed a decision of that state’s Committee of Bar Examiners – a part of the State Bar of California – to allow an undocumented immigrant to practice law in that state.  In making its decision in In re Garcia, that Court noted that section 1621 of title 8 of the United States Code (hereafter “section 1621) generally restricts an undocumented immigrant's eligibility to obtain…

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Program To Work In North Mariana Islands Extended

U.S. Citizenship and Immigration Services (USCIS) has for the last five years maintained a guest worker program of employment for foreign workers to work in the Commonwealth of the Northern Mariana Islands. One of five island territories of the United States, the North Mariana Islands was exempt from American immigration laws until November 28, 2009. The USCIS implemented the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. Until earlier this month, that program…

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Immigration Activists Suggest Primary Election Loss Should Speed Clock

Rarely does a single primary election for one seat in the House of Representatives where less than 75,000 voters cast ballots seem to have such large reverberations in the political realm. The recent defeat of House Majority Leader Eric Cantor in Virginia may shift the dynamics of the debate over comprehensive immigration reform.  Prior to the June 10, 2014 election, conventional wisdom in Washington DC suggested that, after Mr. Cantor vanquished his relatively unknown opponent in…

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Deportee Must Show Counsel Provided Ineffective Assistance Before Plea

The United States District Court in New York refused Charmaine Brown’s pro se plea for extraordinary relief seeking a vacation of her 2011 conviction for importation of a controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The Court, in Brown v. US, No. 11-cv-3443 (SLT). (Dist. Ct. ED NY 2014), rejected her writ of error coram nobisunder the All Writs Act, 28 U.S.C. § 1651(a) on the ground that she did not prove…

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Conference Of Bishops Gets Behind Immigration Reform

The U.S. Conference of Catholic Bishops is lending its voice to the campaign for comprehensive immigration reform by urging Congress to pass such reform before it takes its annual August recess. "Our strength as a nation is drawn from our diversity and the unique talents of persons from around the world. Under our current immigration system, we weaken our country, not strengthen it. By not acting, we alienate a generation of young persons, who are the…

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Obama Orders Shelters Established For Children Separated From Parents At Border

A crush of unaccompanied children at border crossings across the southern border of the United States has prompted President Obama to order federal emergency authorities to respond to the developing humanitarian crisis. Children of undocumented aliens mostly from El Salvador, Guatemala and Honduras have been found at border crossings.  Officials claim that over 47,017 children traveling without parents had been caught crossing the southwest border since October 1, 2013. The President tasked Craig Fugate, the head of…

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Hurdle Of Showing “changed Conditions Hampers Bid For Asylum

The First Circuit Court of Appeals denied relief to a Sri Lankan woman, Kumudinie Renuka Perera, who has repeatedly sought asylum in the United States on the grounds that she fears she will be persecuted if she is sent back to her home country. The federal appellate court, in review of a Board of Immigration Appeals decision denying her motion to reopen the case, found in Perera v. Holder, No. 13-1312. (Ct App. 1st Cir. 2014) that…

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Pentagon Plan To Provide Plan For Some Immigrants To Serve Country Put On Hold

The White House appears to have hit the pause button – at least for a few months - with respect to the revamping of a Department of Defense program, which would allow certain young immigrants to enlist in the military. The planned initiative, Military Accessions Vital to the National Interest (MAVNI), would allow those immigrants who meet the following requirements to serve in the military:  if they are doctors or have other advanced medical skills; or…

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Obama Administration Weighs New Limits On Deportations

As the White House awaits a recommendation from the Director of Homeland Security, Jeh Johnson, in response to President’s Obama’s request that Johnson provide him with his options for curtailing deportations of undocumented aliens, a debate has ensued concerning how much authority the President has to act without Congressional involvement and what political effect any actions he may take may in fact have. The concern among the President’s advisers stem from statements made by Republican members…

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