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Oakland CA Immigration & Naturalization Law Blog

Another Brick in Trump's Invisible Wall- the USCIS NTA Memorandum

U.S. Citizenship and Immigration Services ("USCIS") recently published a troubling memorandum that will place more people in removal proceedings. This will be done by USCIS issuing what's known as a Notice to Appear ("NTA"), the government charging document that initiates removal proceedings.

Administrative closure mostly eliminated, administratively closed cases likely recalendared.

In a decision issued today, Attorney General Sessions has upended over thirty years of precedent allowing immigration courts and the Board of Immigration Appeals to administratively close proceedings. Now, there administrative closure is no longer available, with very limited exceptions. "Administrative closure" allows immigration courts to suspend cases in their discretion, for reasons such as pending applications outside of the court, grants of Temporary Protected Status, and when the ICE agreed to close the case because it was not an enforcement priority. Some cases have been administratively closed only a few months, others for decades.

9th Circuit Decision on Visa Petitions and Naturalization: Becoming an Immediate Relative Even if Over 21

Exciting news for certain children whose parents petitioned them who are waiting for a visa to become available! On February 14, 2018, the Ninth Circuit Court of Appeals came down with an important decision in Rodriguez Tovar v. Sessions. The Ninth Circuit rejected the Board of Immigration Appeals ("BIA")'s decision in Matter of Zamora-Molina, 25 I. & N. Dec. 606 (BIA 2011), which held that when a Lawful Permanent Resident ("LPR") parent petitions his minor child, and that parent later naturalizes, the child's age is his biological age, not his statutory age. The Ninth Circuit in Rodriguez Tovar held the contrary, specifically that USCIS will calculate the child's age on his parent's naturalization date based on the Child Status Protection Act ("CSPA"), when deciding whether he is an immediate relative of his naturalized parent (meaning under 21 child of a U.S. citizen).

Immigration and recovering from Northern California fires


As Northern Californians begin to recover from recent fires, many immigrants will face additional hurdles including losing important immigration documents and potentially missing vital appointments. While these problems may not be the same as the loss of life or a home, we have seen clients harmed tremendously by the loss of documents or failure to maintain a current address with immigration agencies. For immigrants who have lost their homes or been forced to relocate, here are some key things to know.

DACA's end- what we know and the most important questions that remain.

On Tuesday, the government announced the rescission of the DACA program after months of speculation and dread. While many have begun to do so already, DACA holders and those close to them should now begin to plan for the announced changes, but also know things are still not fully settled. Even though DHS has provided key details about how the rescission will be executed, The full effect of the rescission will depend on what happens in the coming months.

"RAISE Act" would create 2nd (and 3rd) class citizens

President Trump's attack on immigrants continues with his support for the re-introduced "RAISE Act", which would drastically cut legal immigration. This bill has already drawn very strong opposition, and will hopefully never become law. It has enough support, however, to take seriously both for the potential changes in the law and another example of the administration's disregard for immigrants.

For the travel bans, airports are just the beginning....

Refugees and other foreign nationals at airports have understandably drawn the attention of those opposed to President Trump's travel bans. The real effect of those bans, however, extends well beyond the airports. Also, the full extent of the orders has yet to be determined. This means that for those opposed to the bans, the fight has just begun.

Donald Trump Issues Executive Order Suspending Refugee Program and Entry to US from Certain Countries

On January 27, 2017, Donald Trump issued an executive order regarding immigration and national security. The order temporarily halts all entries of noncitizens from Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen into the United States for 90 days. The government will then develop new permanent policies that may prohibit individuals from certain countries from entering the United States; however, as of now, it is unclear exactly what these policies will look like and which countries they will affect.

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