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Warning: USCIS Will Place More People In Removal Proceedings
On June 28, 2018, USCIS released “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, where it laid out new policies to determine whom to place in removal proceedings. USCIS began implementing the PM for denied Forms I-485 and I-539 on October 1, 2018. Beginning November 19, 2018, USCIS may use its discretion to put people in removal proceedings... -
USCIS Issues New Memo Expanding Power to Initiate Removal Proceedings
The United States Citizenship and Immigration Services (USCIS) released a new policy on June 28, 2018, expanding the reasons that they will issue an I-862 “Notice to Appear” (NTA) to individuals to initiate removal proceedings against them. The new memo is available here and lists every instance in which individuals will be placed into removal proceedings. It supersedes an Obama-era memo governing the issuance of an NTA by the same... -
SCOTUS Ruling In Pereira v. Sessions Gives Hope To Thousands of Non-Citizens
Individuals now have a new way to challenge their removal proceedings. In an 8-1 ruling, the Supreme Court of the United States held that “a putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.” An applicant for...