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Obama Orders Shelters Established For Children Separated From Parents At Border

, Posted in Immigration Law

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

, Posted in Immigration Law

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

, Posted in Immigration Law

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

, Posted in Immigration Law

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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Mental Illness Not A Basis For Asylum

, Posted in Immigration Law

The Sixth Circuit Court of Appeals affirmed a decision that a person subject to removal from the United States cannot assert mental illness as a basis for seeking asylum in order to avoid being sent to one’s home country. In the appeal, Berisha v. Holder, No. 13-3490 (Ct. App. 6th Cir. 2014), Mark Vasel Berisha, a native and citizen of Albania, sought to have the ruling of Board of Immigration Appeal (BIA)- which itself upheld the Immigration…

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Qualifying For Release While Facing Removal

, Posted in Immigration Law

It was considered conventional wisdom that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") established that detention under this authority is mandatory, does not provide for the possibility of release on bond, and does not require that the Executive Branch at any time justify its conduct. But a ruling from the federal appellate circuit which reviews cases from district courts in New Jersey and neighboring states indicated in 2011 that, in some circumstances,…

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The Absolute Necessity Of Filing In The Correct Court

, Posted in Immigration Law

Volumes have been written about the distinctions between the federal and state court systems. Each system has its own jurisdictional requirements. Federal courts generally have more restrictions on the types of cases which they possess the authority to hear. A recent case from a United States District Court in New Jersey reiterates these limitations. The case involved a Honduran national who, all the way back in 1991, pled guilty to a drug offense in the Superior…

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USCIS Only To Accept Updated Version Of Form N-400 After May 4, 2014

, Posted in Immigration Law

The USCIS (United States Citizenship and Immigration Service) have updated the Form N-400 which applicants must submit for naturalization in an effort to enhance the quality of the experience for those using the form. It should be noted the eligibility requirements for naturalization have not been altered and most of the information on the form is the same. But the revised form does possess several new features. First, the instructions and formatting have been improved.  The…

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Senegalese Woman And Husband Lose Appeal In Removal Case

, Posted in Immigration Law

A Senegalese woman and her husband who gained admission into the United States in 2000 and 2001 respectively, but have overstayed their visas, sought to prevent their removal from the country. The wife, Billo Fall, claimed that, because she feared that she and her daughters would be subjected to female genital mutilation (FGM) if they returned to their home country, she should qualify for Convention Against Torture (CAT).  Ms. Fall claimed before the Immigration Judge hearing…

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Battle Over Enlist Amendment To Defense Appropriation Ensues

, Posted in Immigration Law

A Republican Congressman from California, Jeff Denham, has resumed his commitment to forge a path to legal status for undocumented aliens who serve in the U.S. Armed Forces. The co-author of the ENLIST Act, Rep. Denham has once again sought to attach an amendment creating the Act to the annual defense appropriation act known as the NDAA, or National Defense Authorization Act. He faces opposition from his own party whose members claim that the bill authorizing…

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