Written by Taher Kameli & Chathan Vemuri On November 17, 2020, the United States Citizenship and Immigration Services (USCIS) updated their guidelines in their Policy Manual regarding what type of discretion the Department of Homeland Security (DHS) should use in adjudicating status application adjustments.[1] Typically, in order to get approval for adjustment of his/her/their immigration status, the applicant must show their eligibility and prove that an exercise of discretion in favor of his/her/their application is warranted.[2] Whether discretion is positive or negative depends on how the USCIS balances and weighs the
Written by: Taher Kameli, Esq. President Trump is very good at talking tough on immigration issues. However, his ability to actually implement anti-immigration policies has often been impeded by judicial opposition, practical limitations, and poor timing. Such practical limitations and poor timing again may be obstacles with respect to the “tweet” by President Trump on June 17 that threatens to deport “millions of illegal aliens”. President Trump specifically “tweeted”, “Next week ICE [U.S. Immigration and Customs Enforcement] will begin the process of removing the millions of illegal aliens who have illicitly found their way
Written by: Taher Kameli, Esq. In the face of Congress’ general inability to reach consensus and enact immigration legislation, and President Trump’s anti-immigration policies, immigrants have turned to the judiciary, in particular, the Federal courts, to protect immigrant rights. However, the Federal courts cannot be viewed as a guaranteed safeguard for immigrant rights in each case. This point was made clear in the May 28 decision by the U.S. Court of Appeals for the Third Circuit in the case of Sambare v. Attorney General of the United States,