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What is Parole in Place? Parole in place allows a foreign national who came into the United States without authorization by an immigration officer to stay for a certain period of time. Parole in place is granted on a case-by-case basis for urgent humanitarian ...

MOTIONS IN IMMIGRATION COURTMotions to Reopen & Motions to Reconsider are NOT included in this motions section since those are motions that are filed after a final decision. Motions to Reopen and Reconsider are included in the Appeals & Post Order Relief sect...

Primary HoldingStates must have a better reason than a concern for generally disturbing the peace when they ban displaying an expletive in a public space.Cohen v. California, 403 U.S. 15 (1971)

§ 208.16 Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture.Link to an amendment published at 85 FR 84193, Dec. 23, 2020.This amendment was delayed until Mar. 22, 2021, at 86 FR 6847, Ja...

What is INA §245(i) ?Section 245(i) of the Immigration and Nationality Act (INA), as amended by the Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554), enables certain individuals who are present in the United...

ExemptionsCongress established nine categories of information that are not required to be released in response to a FOIA request because release would be harmful to a governmental or private interest. These categories are called “exemptions” from disclosure an...

What is the Presumption of Openness and Who Issues Guidance to Agencies on the FOIA?The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exe...

Three Categories of Law Enforcement and National Security RecordsCongress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as “exclusions...

5 U.S. Code § 552 - Public information; agency rules, opinions, orders, records, and proceedingsFull FOIA Statute https://www.congress.gov/114/bills/s337/BILLS-114s337enr.xml5 U.S. Code §552 5 U.S. Code § 552 - Public information; agency rules, opinions, order...

Freedom of Information Act StatuteBelow is the full text of the Freedom of Information Act in a form showing all amendments to the statute made by the “FOIA Improvement Act of 2016.” All newly enacted provisions in boldface type replace the strikethrough text....

ACLU v. DOJ FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesIn March 2015, the ACLU filed a Freedom of Information Act lawsuit demanding information about the government’s targeted-killing program, including the Obama administrati...

ACLU v. CIA FOIA Case for Records Relating to Drone KillingsSummaryVIEW ALL OF THE COURT FILINGS IN THE CASE HEREThe FOIA request was filed with the Department of Defense, the Department of Justice (including the Office of Legal Counsel), the Department of Sta...

Va. Supreme Court draws ‘bright line’ upholding open meetingsCourt rejects argument public business only means what’s on official agendaIn a split opinion on transparency laws, the Supreme Court of Virginia on Thursday upheld a more expansive definition of wha...

FOIA Case LawAdministrator, Federal Aviation Administration v. Robertson, 422 U.S. 255 (1975)The FAA was permitted to withhold analyses of performance of commercial airlines under a statute which gave the administrator the authority to withhold such informatio...

Petit Larceny is Categorically a CIMTPetit larceny in violation of section 155.25 of the New York Penal Law is categorically a Crime Involving Moral Turpitude. See Matter of Clement OBEYA, 26 I&N Dec. 856 (BIA 2016).Third Degree Robbery is NOT a Crime of Viol...

Unauthorized EmploymentSection 245(c)(2) covers unauthorized employment With certain exceptions, an applicant is barred from adjusting status if: He or she continues in or accepts unauthorized employment prior to filing an application for adjustme...

8 USC 1255: Adjustment of status of nonimmigrant to that of person admitted for permanent residencehttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelimBona Fide Marriage Exemption (e) Restriction on adjustment of...

245(h)(2)(B) of the INA and in the implementing regulations at 8 C.F.R. 245.1(e)(3).8 C.F.R. 245.1(e)(3)(3) Special immigrant juveniles —(i) Eligibility for adjustment of status. For the limited purpose of meeting one of the eligibility requirements for adjus...