Legal Articles, Visa

John Kelly Becomes WH Chief of Staff, Elaine C. Duke Becomes Acting Secretary of Homeland Security

On July 28, 2017, President Donald Trump announced via Twitter that the now former Secretary of Homeland Security, John F. Kelly, will succeed Reince Preibus as the 25th White House Chief of Staff.

USCIS Returns All FY 2018 Cap-Subject H1B Petitions Not Selected in H1B Lottery

On July 19, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it has returned all fiscal year 2018 H1B cap-subject petitions that were not selected in the H1B lottery.

Supreme Court Schedules Three Important Immigration Cases for Argument in Early October

On July 19, 2017, the Supreme Court of the United States scheduled oral arguments for the beginning of October Term 2017. The first eight days of the new term will see oral arguments in three important immigration cases.

USCIS Announces Conviction in Immigration Fraud Scheme

On July 17, 2017, the United States Citizenship and Immigration Services (USCIS) announced that Nimon Naphaeng, a native and citizen of Thailand who resided in Rhode Island, was sentenced on July 17, 2017, to 27 months in federal prison for running an immigration fraud scheme.

November 2017 Visa Bulletin

On October 6, 2017, the U.S. Department of State (DOS) released the November 2017 Visa Bulletin, containing the filing dates and final action dates for both the family-sponsored and employment-based immigrant visa preference categories.

Dissent From Disappointing Decision by SCOTUS to Not Hear an Important 2A Case

On June 26, 2017, the Supreme Court of the United States denied a petition for writ of certiorari (to hear on appeal) a case titled Peruta v. California, No. 16-894 (U.S. June 26, 2017).

New York City Immigration Court Welcomes Judge James McCarthy to the Bench

On July 13, 2017, the Executive Office of Immigration Review (EOIR) swore in one new Immigration Judge. Immigration Judge James McCarthy was appointed by the U.S. Attorney General, Jeff Sessions, to serve on the New York City Immigration Court.

Matter of Deang, 27 I&N Dec. 57, 64-66: Dissenting Opinion of Board Member Garry Malphrus

On June 16, 2017, the Board of Immigration Appeals (BIA) issued a precedent decision in the Matter of Deang, 27 I&N Dec. 57 (BIA 2017), in which it held that an essential element of an aggravated felony receipt of stolen property offense under section 101(a)(43)(G) of the Immigration...

Secretary Kelly Reportedly Does Not Commit to Defending DACA Against Potential Legal Challenges

On July 12, 2017, Politico reported that Homeland Security Secretary John Kelly had told thirty members of the Congressional Hispanic Caucus that, while he personally supported the Deferred Action for Childhood Arrival (DACA) program, the Trump Administration would not commit to defending it...

Interesting Dissent From Denial of Certiorari by Justice Gorsuch in VA Case

On June 26, 2017, the Supreme Court of the United States denied a petition for certiorari in an interesting case titled Mathis v. Shulkin, No. 16-667 (U.S. Jun. 26, 2017).

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