November 16, 2016
In a precedent decision issued today, the BIA held that a theft offense is a categorical crime involving moral turpitude (CIMT) if it involves a taking or exercise of control over another’s property without consent and with an intent to deprive the owner of his property, either permanently or under circumstances where the owner’s property rights are substantially eroded, and found that shoplifting in violation of section 13-1805(A) of the Arizona Revised Statutes is categorically a CIMT. Following this ruling, the BIA held in another precedent decision that petit larceny in violation of section 155.25 of the New York Penal Law, which requires an intent to deprive the owner of his property either permanently or under circumstances where the owner’s property rights are substantially eroded, is categorically a CIMT.
DOS provided a fact sheet on the additional categories of applicants who may apply for admission to the United States as a refugee, when accompanied by a qualifying child, under the Central American Minors (CAM) program. The expanded categories are effective as of November 15, 2016. The fact sheet includes information on the application process and the temporary period of time during which the expansion will apply retroactively in certain cases.
The unlawful presence bars under INA §212(a)(9)(B) and (C) have been the bane of immigration practitioners ever since the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) was enacted. Join AILA for an audio seminar tomorrow, November 17, 2016, at 2:00 pm (ET), as our panel of experts discusses how to determine if a client is subject to the unlawful presence bars and how to avoid triggering them, as well as the latest tactics when applying for waivers of the bars. Register before tonight’s 11:59 pm (ET) deadline, or download the recording if you can’t attend the live audio seminar.
The National Visa Center (NVC) provided the PowerPoint presentation from the November 3, 2016, tour and Q&A with AILA’s DOS Liaison Committee at the NVC. The presentation covers the role of the NVC, the filing volume for FY2016, electronic processing, customer tips, and attorney inquiries and escalation.
In July 2016, AILA rolled out new procedures for seeking case liaison assistance for cases pending at USCIS service centers. Watch this video featuring Matthew Stump, Chair of the Vermont Service Center (VSC) Liaison Committee, for step-by-step guidance on how this new process works. For more information on how to submit a request, visit AILA’s Case Liaison Assistance webpage.
The Transactional Records Access Clearinghouse (TRAC) has provided information on asylum denial rates for Immigration Court judges. The information consists of 268 separate reports and includes each Immigration Judge who decided at least 100 asylum cases between FY2011 and FY2016.
The second edition of The Waivers Book, coming this winter, provides the foundation necessary to understand the elements of various immigration waivers, with a focus on practical pointers, recent substantive developments, and useful legal strategies. The book features in-depth guidance on a wide array of topics relevant to waivers, including unlawful presence, adjustment of status, cancellation of removal, waivers for nonimmigrants, health-related waivers, misrepresentation or fraud, refugees and asylee status, Special Immigrant Juvenile (SIJ) status, U visa status, and technical defects in immigrant visas. Preorder your copy today to learn about all the current waiver options available to your clients.
The Associated Press reports that leaders in New York City, Chicago, Seattle, Los Angeles, Philadelphia, and other so-called “sanctuary cities” have stated that they will do all they can to protect their residents from deportation, despite President-elect Donald Trump’s pledge to withhold potentially millions of dollars in taxpayer money if they do not cooperate. “These cities have reaffirmed they’re going to respect the dignity of all their residents,” stated Matt Adams, Legal Director at the Seattle-based Northwest Immigrant Rights Project. “What they’re saying is, ‘We’re not going to use our resources to separate families, to deport children, to tear communities apart.'” For background and information related to sanctuary cities, see AILA’s Featured Issue page on detainers.
Read this story and more in AILA’s daily immigration news clips.