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Ninth Circuit Upholds Retention of Priority Date for Aged-Out Derivatives

The Ninth Circuit recently weighed in on one of most ambiguous and hotly contested provisions in the Child Status Protection Act (CSPA): whether a derivative child who has aged out and is the beneficiary of a new petition filed by the LPR parent can retain the priority date of the petition originally filed for the parent.  The answer lies on how the court interprets a section of the CSPA that is codified in INA § 203(h)(3).  It reads as follows:

CLINIC Staff Honored

Congratulations to Jack Holmgren, CLINIC's attorney and Field Support Coordinator in San Francisco, on receiving an award from the East Bay Sanctuary Covenant, Berkeley, California.  The East Bay Sanctuary Covenant is celebrating its 30th year providing assistance to refugees, asylees and other immigrants from all over the world providing a broad range of administratively-based immigration legal services through 15 staff and volunteers.    

Alabama and Georgia Challenge 11th Circuit Panel’s Decision

In August, a three-judge panel of the 11th Circuit Court of Appeals rendered decisions on
Alabama’s and Georgia’s immigration enforcement laws. The panel blocked some controversial
parts of these laws, including: (1) Alabama’s Section 28, requiring public K-12 schools to count
newly-enrolling unlawfully present children; (2) Alabama’s Section 27, voiding most private
contracts entered into with unlawfully present individuals; and (3) Alabama’s Section 13 and
Georgia’s Section 8, criminalizing the harboring or transporting of unlawfully present

Arizona’s “Show Me Your Papers” Law Goes into Effect

On September 18, federal district court Judge Susan Bolton removed the block that she had previously placed on Arizona SB 1070’s Section 2(B) (“show me your papers”). In early September, Judge Bolton rejected the latest round of legal challenges to Section 2(B), which had been made by a coalition of plaintiffs on preemption, Equal Protection, and Fourth Amendment grounds. Section 2(B) of SB 1070 is now in effect, and Arizona police officers may now try to enforce it.

BIA Pro Bono Project Newsletter

CLINIC’s BIA Pro Bono Project matches vulnerable noncitizens whose cases are on appeal before the BIA with pro bono counsel.   Our volunteers are part of an important effort to ensure noncitizens have full access to the judicial system.  We are fortunate to match nearly 100 percent of all cases selected for the Project with pro bono counsel.

Spanish-Language I-9 Central

On October 4, 2012, USCIS launched a Spanish-language version of I-9 Central, an online resource center designed to provide information and assistance related to the most frequently accessed form on Form I-9, Employee Eligibility Verification. This free, website provides employers and employees one-click access to resources, tips and guidance to properly complete Form I-9 and better understand the Form I-9 process.