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Articles Categorized: dc immigration blog

Nebraska Ends Driver’s License Ban for Dreamers

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In the latest of numerous small battles over the rights and future of the Dreamers, the Nebraska legislature has voted 34-10 to pass legislation granting DACA recipients the opportunity to obtain driver’s licenses.  This new law, LB 623, corrects an unusual situation.  Nebraska was the only state denying DACA recipients the right to obtain a […]

DAPA and DACA Aren’t Starting Any Time Soon

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The Fifth Circuit has held that the preliminary injunction preventing President Obama’s DAPA and DACA from proceeding may stand until the Fifth Circuit hears the merits of that aspect of the case on July 6th.  A district judge ordered the preliminary injunction because he believed the implementation of the program would produce numerous hardships on […]

Unrepresented Minors in Immigration Court

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The news since last year has been inundated with stories about children crossing the US/Mexico border unaccompanied.  This surge, as it has been called, created a need for places to house the children and lawyers to defend them.  So how many of those children have actually been allowed to stay in America? And what factors […]

Bleak Future for Unaccompanied Child Migrants

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The news since last year has been inundated with stories about children crossing the US/Mexico border unaccompanied.  This surge, as it has been called, created a need for places to house the children and lawyers to defend them.  So how many of those children have actually been allowed to stay in America? And what factors […]

USCIS Program Permits Lawfully Present Parents to Request Refugee Status for Minor Children Residing in El Salvador, Guatemala, and Honduras

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The Department of State and U.S. Citizenship and Immigration Services (USCIS) recently established a new program to provide a safe and legal route for children living in El Salvador, Guatemala and Honduras to travel to the United States. Through the Central American Minors (CAM) Refugee/Parole Program, qualifying parents who are lawfully present in the United […]

President Obama’s Executive Actions on Immigration Blocked!

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A federal Judge in Brownsville, Texas has ordered a temporary injunction to President Obama’s executive actions on immigration. While U.S. District Judge Andrew Hanen of Texas did not rule on the specific legality of the executive action he stated that there was enough merit to warrant an injunction while the case is properly adjudicated. Last […]

Second Circuit Holds that Aliens who Attain Permanent Resident Status after Being Admitted to the U.S. are Eligible for 212(h) Waivers

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In Husic v. Holder, issued January 8, 2015, the United States Court of Appeals for the Second Circuit held that an alien who adjusted to legal permanent resident (“LPR”) status after being admitted to the United States is eligible to seek an inadmissibility waiver from the Attorney General under Section 212(h) of the Immigration and […]

How to Seek Prosecutorial Discretion from ICE

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In November 2014, the Secretary of Homeland Security announced two new memorandum clarifying priorities on prosecutorial discretion and enforcement priorities. These policies are to be implemented by all DHS agencies, including USCIS, when deciding which aliens to arrest, detain, and remove from the US and when and how to exercise prosecutorial discretion. What follows is […]

Religious Persecution May Include Non-Physical Forms of Harm

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Huang v. Holder is an Eleventh Circuit case on appeal from a Board of Immigration Appeals (BIA) denying Huang’s application for asylum after finding that the abuse he suffered in his native country of China did not constitute religious persecution.  The Eleventh Circuit vacated and remanded to the BIA because it was unclear from the […]