Deportation and Removal

Tuesday, July 17, 2018

Memo Evaluating Sessions Position on Gender Based Asylum Claims and Impact on Particular Social Group

By Chloe Thomlinson and Kalpana Peddibhotla

On June 11, 2018 the Attorney General issued a disheartening decision over-ruling the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) stating that, “generally, claims by aliens pertaining to domestic violence  perpetrated by non-governmental actors will not qualify for asylum.” Read more...

Read more . . .

Tuesday, July 17, 2018

USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID

By Roujin Mozaffarimehr 

On Friday, July 13, 2018, the USCIS announced its rescission of the long-standing policy memorandum (PM), “Requests for Evidence and Notices of Intent to Deny” (2013 PM) which detailed the parameters surrounding an officer’s discretion to deny applications, petitions, or requests without the issuance of an RFE.[1] In its place, the USCIS has issued the Policy Memorandum, “Issuance of Certain RFEs and NOIDs; Revision to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.
Read more . . .

Tuesday, July 17, 2018

USCIS Issues New Policy Memorandum Requiring the Issuance of NTAs Following Certain Case Denials

By Roujin Mozaffarimehr 

Although the immigration court backlog has exceeded 700,000 cases as of May 2018[1], on June 28, 2018, the USCIS issued a guidance regarding Notices to Appear (NTAs), the charging document issued by DHS that schedules a foreign national for removal proceedings in immigration court.

Under the Service’s new policy, NTAs are to be issued for a wider range of cases, including cases where:

  • There is evidence of fraud;
  • There is evidence of criminal activity;
  • An applicant is denied an immigration benefit and is unlawfully present in the United States.

    See DHS Policy Memo, PM-602-0050.1.
    Read more . . .

Monday, June 25, 2018

Memo Regarding Zero Tolerance Policy/ Family Separation Policy


With all of the rapid changes taking place with regard to President Trump’s zero tolerance policy and family separation actions, MPLG has put together a detailed overview of the legal roots of these policies, where these policies stand as of the release of this memorandum, as well as the implications of these policies.

  1. Introduction

    According to the Department of Homeland Security (DHS), as of June 20th 2017, 2,053 children have been separated from their parents, and have been placed in the health and human services funded facilities.[1] Once these children have been separated from their parents they are placed in the custody of Office of Refugee Resettlement (ORR).[2]  According to a statement by Steve Wagner, Acting Assistant Secretary Administration for Children and Families, between October and December 2017, ORR was unable to determine with certainty the whereabouts of 1,475 UAC. On March 2017, the ORR had 755 referrals, while in March 2018, ORR had 4,204 referrals.

Read more . . .

Friday, June 8, 2018

White House Ends Temporary Protected Status for Nepalese Nationals

By: Roujin Mozaffarimehr

On April 26, the Trump Administration announced that it will end Temporary Protected Status for Nepalese nationals, claiming that the living conditions in Nepal have vastly since the April 2015 earthquake, so that those with TPS could return to their homeland.

The 2015 earthquake killed nearly 9,000 people and destroyed tens of thousands of homes. International rehabilitation efforts have helped the residents of Nepal bring some semblance of order back to their lives, but the country is still struggling to recover fully from the disaster.

Read more . . .

Wednesday, April 25, 2018

BREAKING NEWS: DACA is Back, Trump is Thwarted Again – This Time By a Republican Appointed Judge

On April 24, 2018, Federal Judge John D. Bates for the District of Columbia ruled DACA must remain in place and that the government must resume accepting new applications. 

Judge Bates had concluded that the Trump Administration’s decision to cancel the program was done without any explanation as to how the program was unlawful, and thus the decision was “arbitrary and capricious” in violation of the Administrative Procedures Act (“APA”). In determining that the Court had authority to review the Trump Administration’s decision to rescind DACA, it explained: 
…the cases are clear that courts have the authority to review an agency’s interpretation of the law if it is relied on to justify an enforcement policy, even when that interpretation concerns the lawful scope of the agency’s enforcement discretion.  See Chaney, 470 U.
Read more . . .

Tuesday, September 5, 2017

BREAKING NEWS: Trump Administration to End DACA Program

On September 5, 2017, President Trump issued a written statement read aloud by Attorney General Jeff Sessions, announcing the end of the Deferred Action for Childhood Arrivals (DACA) program. The President has put into place a 6-month “wind-down” of the DACA program.

What we know so far:

  • During this 6-month period, all applications that have already been filed and are pending will be processed, as well as renewal applications for those facing near-term expiration.
  • New applications for work permits will not be accepted.
  • All existing work permits will be honored until their date of expiration up to two full years from today.

Read more . . .

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