Succes in Immigration Court

American Immigration Counsel published a report on Access to counsel in Immigration Court.
The data shows that immigrants represented by attorneys are more successful in deportation proceedings than unrepresnted immigrants.

Immigrants with attorneys fare better at every stage of the court process

• Represented immigrants in detention who had a custody hearing were four times more likely to be released from detention (44 percent with counsel versus 11 percent without).
• Represented immigrants were much more likely to apply for relief from deportation.
  • Detained immigrants with counsel were nearly 11 times more likely to seek relief such as asylum than those without representation (32 percent with counsel versus 3 percent without).
  • Immigrants who were never detained were five times more likely to seek relief if they had an attorney (78 percent with counsel versus 15 percent without).
• Represented immigrants were more likely to obtain the immigration relief they sought.
  • Among detained immigrants, those with representation were twice as likely as unrepresented immigrants to obtain immigration relief if they sought it (49 percent with counsel versus 23 percent without).
  • Represented immigrants who were never detained were nearly five times more likely than their unrepresented counterparts to obtain relief if they sought it (63 percent with counsel versus 13 percent without).

Solicitation of prostitution is CIMT

      The sixth circuit it its recent decision held that the petitioner’s conviction for solicitation of prostitution is a crime involving moral turpitude. (Reyes v. Lynch, 2016)

       The respondent in this case argued that solicitation of prostitution “is not uniformly regarded as illegal” and thus must constitute a crime that is malum prohibitum, rather than malum in se. He pointed out that countries such as Armenia, Poland, and the Dominican Republic have made prostitution itself legal, and even one jurisdiction in this country—Nevada—licenses the practice in some counties. 

      Despite the fact that sister circuits decisions on prostitution are several decades old and there is now increased attention to the question whether and  to what extent prostitution should be criminalize the court found solicitation of prostitution is CIMT. 

Procedural Changes for H-2B filings with DOL

 U.S Department of Labor (‘DOL”) Office of Foreign Labor Certification announced on September 1, 2016 of Procedural Change to Streamline the H-2B Process for Non-Agricultural Employers. According DOL “… an employer need not submit additional documentation at the time of filing the Form ETA-9142B to justify its temporary need. It may satisfy this filing requirement more simply by completing Section B “Temporary Need Information,” Field 9 “Statement of Temporary Need” of the Form ETA-9142B. This written statement should clearly explain the nature of the employer’s business or operations, why the job opportunity and number of workers being requested for certification reflect a temporary need, and how the request for the services or labor to be performed meets one of the four DHS regulatory standards of temporary need chosen under Section B, Field 8 of the Form ETA-9142B. Other documentation or evidence demonstrating temporary need is not required to be filed with the H-2B application. Instead, it must be retained by the employer and provided to the Chicago NPC in the event a Notice of Deficiency (NOD) is issued by the CO.”

            However, it looks like that USCIS may still request evidence demonstrating temporary need or reject the Labor Certification issued by DOL.