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Friday, February 17, 2006
Steven N. Garmo Prevails in a Lawsuit Against the USCIS filed on behalf of an adopted child - 02/17/06
In a decision dated February 16, 2006, Chief U.S. District Judge Bernard A. Friedman, in a 12-page opinion, issued an order compelling the government to approve an adopted child's request for a permanent resident visa. The adoptive parents sued immigration officials in U.S. District Court in Detroit in September, after immigration officials again denied her petition. The judge also held that the decision to deny her a visa "is arbitrary, capricious and contrary to law. It also lacks common sense, or sense of fairness." Immigration officials' "proposal to deny Maria immigrant status and to deport her to the country of her birth is absurd in the extreme," Friedman said. The immigration service's "disregard for the rule of law cannot be tolerated in a civilized society, which requires all citizens, including the government itself, to respect and abide by the law," Friedman wrote. click on more to view the entire decision. [ more ]
Tuesday, February 14, 2006
Visa Bulletin for March 2006 - 02/14/06
The State Department releases its Visa Bulletin for March 2006 [ more ]
Memo Regarding Delegation of Authority for I-751, "Petition to Remove Conditions on Residence" - 02/14/06
The folling is a Memo from Michael Aytes delegating authority to USCIS Service Center Directors to deny I-751 petitions under certain circumstances. [ more ]
Ninth Circuit Addresses 7 Year Residence Requirement for Cancellation of Removal - 02/14/06
In Cuevas-Gaspar v. Gonzales, (9th Cir. December 7, 2005), the court granted the petition for review with respect to Petitioner's eligibility for cancellation of removal and remanded the case to the BIA allowing for imputation of a parent's status to unemancipated minor children who had not accrued the 7 years of residence. [ more ]
Monday, February 6, 2006
President Calls on Congress to Raise H-1B Cap - 02/06/06
Excerpt from President Bush's 2-2-06 speech at the 3M Corporate Headquarters outlining his American Competitiveness Initiative. Please click on more to reach the excerpt. [ more ]
Friday, February 3, 2006
Administrative Appeals Office Adopted Decision on Burden of Proof in Petition and Application Proceedings - 02/03/06
The Administrative Appeals Office has issued an Adopted Decision confirming that “preponderance of the evidence” is the burden of proof in INA § 316(b) preservation of residence proceedings and generally in other petition and application proceedings. Matter of Chawathe, A74 254 994 (AAO 1/11/2006). [ more ]
Excerpt from State of the Union Address regarding Immigration - 02/03/06
President Bush's remarks regarding immigration in his 1/31/06 State of the Union address. Click on more to read the excerpt. [ more ]
Federal immigration laws are increasingly becoming enforced at the state and local level - 02/03/06
A Wall Street Journal article reports that federal immigration laws are increasingly becoming enforced at the state and local level as many counties and states are taking on the duty of verifying individuals' immigration status when they are stopped for traffic infractions and other violations. Requests to Immigration Customs Enforcement (ICE) for training on immigration law enforcement are coming from border states such as Texas and California as well as areas in New England and the Midwest. For the full story, click on more. [ more ]
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