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On October 30, 2015, Attorney General Loretta Lynch certified two cases to herself from the Board of Immigration Appeals.  Invoking her power to personally interpret the immigration laws, the Attorney General is using Matter of Chairez & Sama, 26 I&N Dec. 686 (A.G. 2015), to weigh in on a question that has been dividing courts for the past two years: whether the Supreme Court’s decision in Descamps v. United States, 133 S. Ct.

On November 9th the Fifth Circuit Court of Appeals upheld the preliminary injunction that has halted implementation of the Administration’s Deferred Action for Parents of Americans (DAPA) and the expanded version of Deferred Action for Childhood Arrivals (DACA).  The outcome was expected, given the political make-up of the three-judge panel and their earlier rulings in the case.

On November 4-5, 2015, CLINIC conducted its 17th annual Family-Based Immigration Law Conference in El Paso, followed by a tour of the U.S. Consulate in Ciudad Juarez on November 6. The conference included a session on health-based inadmissibility with participation by Ciudad Juarez panel physicians and a Fayetteville, AR civil surgeon. It also included our customary session on consular processing updates with participation by consular officers. Highlights from these workshop sessions, as well as from the tour of the Consulate, are described below.

On November 23, 2015 CLINIC submitted comments to the U.S. Citizenship and Immigration Services (USCIS) regarding its proposed guidance interpreting the term “extreme hardship” as it is applied to certain waiver of inadmissibility applications. CLINIC’s comprehensive comments and suggestions focused on several key areas previously discussed in our summary of the draft guidance and below.

On November 23, 2015 CLINIC submitted comments to the U.S. Citizenship and Immigration Services (USCIS) regarding its proposed guidance interpreting the term “extreme hardship” as it is applied to certain waiver of inadmissibility applications. CLINIC’s comprehensive comments and suggestions focused on several key areas previously discussed in our summary of the draft guidance and below.

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