How Corner Post Along with the Demise of Chevron Deference  Can Open Up Immigration Regulations to Challenges
Cyrus D. Mehta Blog
by Cyrus Mehta
2d ago
On February 20, 2024,  the Supreme Court  heard oral argument in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. This case could potentially expand the six year statute of limitations to challenge a regulation under the Administrative Procedure Act (APA).   § 702 of the APA provides that “]a] person suffering legal wrong because of an agency action, or adversely affected or aggrieved by agency action” may seek judicial review. § 2401(a) of the United States Code generally requires that the complaint to commence such an action must be “filed within six ..read more
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Board of Immigration Appeals in Matter of Aguilar Hernandez Provides Glimpse of How Statutes and Regulations Will Be Interpreted Without Deference to Government
Cyrus D. Mehta Blog
by Cyrus Mehta
2w ago
By Cyrus D. Mehta and Kaitlyn Box* On January 31, 2024, the Board of Immigration Appeals (BIA) issued a decision in Matter of Aguilar Hernandez. Mr. Aguilar Hernandez, a noncitizen from Mexico, had been served a Notice to Appear (NTA) in 2019 that did not list the date and time of his individual hearing. He objected that this NTA was defective at both his individual hearing and moved to terminate the removal proceedings against him, but the Immigration Judge denied his motion. In October 2022, Mr. Aguilar Hernandez again moved to terminate the removal proceedings due to the defective NTA. The ..read more
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Musings On Brand X As a Force for Good Ahead of the Supreme Court’s Ruling on Chevron Deference
Cyrus D. Mehta Blog
by Cyrus Mehta
1M ago
By Cyrus D. Mehta and Kaitlyn Box The Supreme Court on January 17, 2024 heard arguments in two cases – Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo  – that may determine whether courts will continue to give deference to a federal agency’s interpretation of an ambiguous federal statute as held in Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984). Chevron deference also applies to ambiguous provisions under the INA. It is currently disfavored by  the conservative majority in the Supreme Court because it gives ..read more
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CSPA Disharmony: USCIS Allows Child’s Age to be Protected under the Date for Fling while DOS Allows Child’s Age to be Protected under the Final Action Date
Cyrus D. Mehta Blog
by Cyrus Mehta
1M ago
By Cyrus D. Mehta On February 14, 2023, the USCIS recognized that the age of the child gets protected  under the Child Status Protection Act when the Date for Filing (DFF) in the  Department of State (“DOS” or “State Department”) Visa Bulletin becomes current. Since October 2015, the State Department Visa Bulletin two different charts to determine visa availability – the Final Action Dates (FAD) chart and the Dates for Filing (DFF) chart. The DFF in the Visa Bulletin potentially allows for the early filing of I-485 adjustment of status applications if eligible applicants are in the U ..read more
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USCIS Policy Manual Recognizes Dual Intent for Foreign Students as Expressed in Matter of Hosseinpour
Cyrus D. Mehta Blog
by Cyrus Mehta
1M ago
By Cyrus D. Mehta and Kaitlyn Box* On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance in the USCIS Policy Manual pertaining to nonimmigrant students in F and M status. An F-1 visa allows a nonimmigrant student to enter the U.S. to student at a college or university, while nonimmigrants in M status pursue training at a vocational school or other nonacademic institution. Pursuant to INA 101(a)(15)(F) and INA 101(a)(15)(M), foreign students in F and M status must “intend to depart from the United States after their temporary period of stay … and ..read more
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2023 in Perspective from The Insightful Immigration Blog
Cyrus D. Mehta Blog
by Cyrus Mehta
2M ago
By Cyrus D. Mehta & Jessica Paszko* Thank you for reading and supporting The Insightful Immigration Blog in 2023 as we covered several major themes. Though we finally said goodbye to the COVID-19 public health emergency in the spring, Title 42, which was instituted due to the pandemic, still hung around for part of the year and effectively prevented migrants from applying for asylum at the border. With Title 42 still in place during the first four months of the year, we argued that President Biden’s expansion of the humanitarian parole program at the border can serve as a template for ..read more
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Comment to Proposed H-1B Rule Expressing Concern Over New Definition of Specialty Occupation
Cyrus D. Mehta Blog
by Cyrus Mehta
2M ago
December 22, 2023 Submitted via www.regulations.gov DHS Docket ID No. USCIS-2023-0005 Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 5900 Capital Gateway Dr. Camp Springs, MD 20588-0009   Attn: Charles L. Nimick Chief, Business and Foreign Workers Division Re:      Regulatory Proposal for Modernizing H–1B Requirements, Providing Flexibility in the F–1 Program, and Program Improvements Affecting Other Nonimmigrant Workers – Comment on Proposed Changes to H-1B Registration Process at 8 CFR 214.2(h)(8)(iii) Dea ..read more
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Scripps v. Jaddou Offers Nuanced Interpretation of “Final Merits Determination” in Reversal of  EB-1B Denial for Outstanding Researcher
Cyrus D. Mehta Blog
by Cyrus Mehta
2M ago
By Cyrus D. Mehta and Jessica Paszko* Noncitizen professors or researchers can more easily seek to obtain permanent residence as “outstanding professors and researchers” in light of the District Court of Nebraska’s recent decision in Scripps v. Jaddou. Pursuant to INA § 203(b)(1), noncitizens may be eligible for permanent residency under the employment-based first preference (EB-1B) category if: they are recognized internationally as outstanding in a specific academic area, they have at least 3 years of experience in teaching or research in the academic area, and they seek to enter the United ..read more
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Personal Conflicts of Interest Arising Out of the Israel-Hamas War
Cyrus D. Mehta Blog
by Cyrus Mehta
2M ago
By Cyrus D. Mehta and Kaitlyn Box* The escalating war between Israel and Hamas  presents unique  challenges for immigration lawyers who represent noncitizens from impacted areas. One such ethical conundrum arises when a lawyer comes to know that a current or prospective client holds views about the conflict that the lawyer strongly disagrees with or even finds repugnant. A lawyer whose family member was killed in the October 7th attack might not wish to represent a client who expresses support for Hamas, while a lawyer whose relative was killed or injured in the recent Israeli Defens ..read more
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How Prosecutorial Discretion Saved Our Client
Cyrus D. Mehta Blog
by Cyrus Mehta
3M ago
By Cyrus Mehta and Jessica Paszko* This is the story of our client Nadia Habib who was in immigration proceedings from 18 months till 31 years until an Immigration Judge granted her adjustment of status on November 21, 2023! Nadia Habib came to the US in 1993 from Bangladesh when she was less than 2 years old with her mother Nazmin Habib. They were paroled into the US at JFK airport.  Some years later in June 1997 they were placed in removal proceedings in New York, and ordered deported in absentia on April 26, 2000 by an Immigration Judge. They did not show up in court on the day of thei ..read more
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