2016 Immigration Law Update

2016 proved to be yet again another year in which important new cases were decided by the Board of Immigration Appeals and federal courts, and new regulations were issued by the Department of Homeland Security, which will have important impacts on the practice of immigration law, both now and in the future.

In this course presented by Maris Joy Liss, a veteran practitioner of U.S. immigration law before administrative agencies and federal courts specializing in appeals and federal litigation, the most important decisions of these courts and agencies in 2016 will be discussed, as well as new and important regulations promulgated by the Department of Homeland Security. These will include:

1. A round-up of cases decided by the Board of Immigration Appeals in the past year with commentary suggesting practice tips. For example, how to deal with unfortunate new precedents such the Board’s rejection of the duress defense to a charge of material support of terrorism by the Board of Immigration Appeals in Matter of M-H-Z-, which has made having been extorted or enslaved by a foreign terrorist group a ground of inadmissibility to the United States. Also, suggestions on using the categorical approach in cases where clients have drug conviction, Mellouli v. U.S.

2. The continuing impact of the US Supreme Court's decision in Johnson v. U.S. on immigrants convicted of crimes which the government characterizes as "aggravated felonies," based upon the arguably unconstitutionally vague provisions of 18 U.S.C. 16.

3. The changes in the rules pertaining to national interest waivers made by the Administrative Appeals Office in its decision in Matter of Danasar.

4. New DHS regulations dramatically expanding eligibility for grants of provisional waivers of inadmissibility to persons currently in the U.S. who plan to apply for immigrant visas at U.S. consulates.

5. New DHS regulations liberalizing rules for the grants employment authorization for persons applying for permanent residency and/or seeking to extend their existing employment authorization in the U.S.

Learning Objectives:

1. Become aware of the most important case law and regulatory developments in the field of U.S. immigration law
2. Identify new regulations promulgated by the Department of Homeland Security
3. Review practice tips for dealing with these types of cases