DOL-DHS MOU on Worksite Enforcement

Revised Memorandum of Understanding between the Departments of Homeland Security and Labor Concerning Enforcement Activities at Worksites - Mar. 31, 2011.

AAO Extreme Hardship Victory

"When considering the applicant's spouse's extensive family ties to the United States, the abandonment of her permanent resident status, her son's disability, and the common hardships associated with relocation, the AAO finds that she would experience extreme hardship upon relocation to Mexico. ... Considering the totality of the hardship factors presented, the AAO finds that the applicant's spouse would suffer extreme hardship if she remained in the United States. ... The appeal is sustained."  Matter of X-, Mar. 15, 2011.

Dairy Farmer Charged With Harboring: Criminal Complaint

USA v. John Barney, 7:11-MJ-00147-ATB, NDNY, Mar. 29, 2011.

AAO Religious Worker Victory

Negative site visit overcome on appeal: "We acknowledge that, under the regulation at 8 C.F.R. § 204.5(m)(12), unsatisfactory results from a compliance review are grounds for denial of a petition. At the same time, such a finding does not invariably result in a permanent and irrebuttable presumption of ineligibility; some findings are more easily overcome than others. In this instance, the compliance review report does not indicate that the petitioner's description of the beneficiary's duties was in any way inaccurate or misleading. The inspecting officer declared that the beneficiary's duties appear to be more administrative than religious, but offered no elaboration or explanation. It appears that this conclusion resulted from incomplete information about the beneficiary's work. The petitioner has remedied that defect on appeal, and we see no other deficiency in the record that would prevent approval of the petition as it now stands."

Matter of X-, Feb. 25, 2011.

Hats off to Tien-Li Loke Walsh.

Unpublished BIA Reversal of IJ denial of 42B cancellation

Attached is a redacted version of a BIA decision on an appeal on a 42B denial.  Matter of X-, Feb. 24, 2011, unpub.  Hats off to:

Leonor Perretta

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