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Recent Circuit Court Cases on Derivation and Acquisition

By Jennie Guilfoyle and Debbie Smith Derivation of Citizenship Derivative citizenship under former INA § 321(a) does not require LPR status prior to turning 18, as long as the individual was residing in the United States before age 18, the Second Circuit held on August 12, 2013.  Nwozuzu v. Holder (2d Cir. 2013)

DS-260 Online Immigrant Visa Application Now Used Worldwide

By Kristina Karpinski On September 3, 2013, the Department of State implemented use of the DS-260, Online Immigrant Visa and Alien Registration Application, and the DS-261, Choice of Address and Agent.  These two forms are to be used for immigrant visa applicants processing at all U.S. embassies and consulates abroad.  The DOS introduced the online forms in 2010, but until now required them only for applicants processing at a limited number of posts.

New CLINIC Subscribers

CLINIC has accepted and welcomes the following agencies as new subscribers: Kitsap Immigrant Assistance Center is located in Silverdale, WA on the Kitsap Peninsula.   Martitha May, Executive Director, lists the program’s volunteers: Maridely Echaegaray Silverio, MSW, and Alberto Pena.  The agency is seeking BIA recognition to have volunteers accredited initially.  It is in partnership with Kitsap Legal Services where the volunteers will assist attorneys.

Affiliate Member Program Anniversary

Apostle Immigrant Services, New Haven, Connecticut, is celebrating its fifth anniversary and Sr. Mary Ellen Burns, Director, sent a heartfelt appreciation to CLINIC for continued support of its program.  CLINIC is very proud of the progress made by Sr. Mary Ellen and Sr. Doretta D’Albero and values the close relationship that has developed between them and CLINIC staff. CLINIC and staff congratulate Apostle Immigrant Services on this important milestone and send best wishes for continued success in their mission.

Criminal Justice Stakeholder Initiative

In August 2013, ICE’s Office of Enforcement and Removal Operations (ERO) Custody Programs and Community Outreach (CPCO) initiated a Criminal Justice Stakeholder Forms pilot. The program began with a limited roll-out to the American Probation and Parole Association (APPA), and is now ready to expand to criminal defense counsel, prosecutors, criminal investigators, court officials, and criminal justice agencies.  The program is intended to improve coordination and communication with criminal justice professionals who work with undocumented individuals.

Immigration and Customs Enforcement’s (ICE) Review of the Use of Segregation for ICE Detainees

By Casey Lee, Advocacy Intern
On September 4, 2013, ICE Acting Director John Sandweg issued a memo establishing the agency’s policy and procedures for reviewing segregation placement decisions.  The memo first sets out important definitions: