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...

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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.
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Tuesday, July 17, 2018

Travel Ban Waiver Criterion Receive Scrutiny After Supreme Court Upholds Visa Ban

By Ameer Shaikh

On September 24, 2017, President Trump announced Presidential Proclamation 9645, commonly known as the third version of the “Muslim Ban” or “Travel Ban.” In it, nationals from Chad, Iran, Libya, North Korea, Venezuela, Yemen, and Somalia were restricted from traveling to or entering the United States (with some exemptions for legal permanent residents and dual nations). The proclamation provided three criterion for granting a waiver: 1) undue hardship if entry is denied; 2) entry would be in the national interest; and 3) entry would not pose a threat to national security or public safety.
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