I have been writing about recent Ninth Circuit cases that to me seem very significant, but have been overlooked by the pundit class. The last one is a mandatory detention case, Rodriguez v. Robbins, decided on April 16, 2013. In the case, based on 9th Circuit precedent and the doctrine of constitutional avoidance, the Ninth Circuit affirmed a preliminary injunction in favor of aliens being detained by Immigration and Customs Enforcement in excess of six months. The injunction holds that…

I recently posted about an ordeal I faced trying to correct a mispelled name on a client’s Form  I-751 receipt. Two pieces of news to report. First USCIS  announced it is changing the hours one can call the National Customer Service Center eliminating Saturday hours but lengthening weekday hours. Saturday hours were a bit misleading as attorneys could not call for clients on Saturdays, so, from an attorney perspective, good riddance. Hours are now 8 a.m. to 6 p.m. Monday through Friday in all time…

On January 20, 2013, I wrote of of ICE’s de facto lengthy detention of asylum seekers. When an alien approaches the border and asks for asylum, the normal procedure is that he or she be arrested and detained until two things happen. First he or she must be interviewed by an asylum officer for a “credible fear interview.” If he or she passes this interview, then ICE will make a custody determination – evaluating documentation provided by the detainee about his or…

Despite promising two years ago that it would announce a policy regarding whether a person can file for adjustment of status after his period of authorized stay as a visa waiver applicant ended, USCIS has not announced a uniform policy. Some USCIS districts are adjudicating visa waiver adjustments for those who file after their 90-day period of stay ended as routine cases and others, like the San Diego district, are making “case by case determinations” as to whether to allow…