Entries by Cyrus Mehta

As Texas Has Been Smacked Down Twice for Lack of Standing in Challenges to Federal Immigration Policies, Biden Should Get Even Bolder in Reforming Our Immigration System Through Executive Actions

On March 8, 2024, Judge Tipton in Texas v. DHS dismissed a lawsuit brought by Texas and 20 other states challenging President Biden’s humanitarian parole program. Judge Tipton, who was appointed by Trump,  has otherwise been receptive to challenges to Biden’s immigration policies but not this time. Texas filed the lawsuit in his court thinking […]

The Potential Impact of SEC v. Jarkesy on Immigration Law and EB-5 Lawyers

By Cyrus D. Mehta and Kaitlyn Box* On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy, a case that involves several key questions: whether the statues allowing the Securities and Exchange Commission (SEC) to bring administrative enforcement proceedings that impose civil penalties violate the Seventh Amendment right […]

How Corner Post Along with the Demise of Chevron Deference  Can Open Up Immigration Regulations to Challenges

On February 20, 2024,  the Supreme Court  heard oral argument in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. This case could potentially expand the six year statute of limitations to challenge a regulation under the Administrative Procedure Act (APA).   § 702 of the APA provides that “]a] person suffering legal […]

Board of Immigration Appeals in Matter of Aguilar Hernandez Provides Glimpse of How Statutes and Regulations Will Be Interpreted Without Deference to Government

By Cyrus D. Mehta and Kaitlyn Box* On January 31, 2024, the Board of Immigration Appeals (BIA) issued a decision in Matter of Aguilar Hernandez. Mr. Aguilar Hernandez, a noncitizen from Mexico, had been served a Notice to Appear (NTA) in 2019 that did not list the date and time of his individual hearing. He […]

Musings On Brand X As a Force for Good Ahead of the Supreme Court’s Ruling on Chevron Deference

By Cyrus D. Mehta and Kaitlyn Box The Supreme Court on January 17, 2024 heard arguments in two cases – Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo  – that may determine whether courts will continue to give deference to a federal agency’s interpretation of an ambiguous federal statute as held in Chevron […]

CSPA Disharmony: USCIS Allows Child’s Age to be Protected under the Date for Fling while DOS Allows Child’s Age to be Protected under the Final Action Date

By Cyrus D. Mehta On February 14, 2023, the USCIS recognized that the age of the child gets protected  under the Child Status Protection Act when the Date for Filing (DFF) in the  Department of State (“DOS” or “State Department”) Visa Bulletin becomes current. Since October 2015, the State Department Visa Bulletin two different charts […]

2023 in Perspective from The Insightful Immigration Blog

By Cyrus D. Mehta & Jessica Paszko* Thank you for reading and supporting The Insightful Immigration Blog in 2023 as we covered several major themes. Though we finally said goodbye to the COVID-19 public health emergency in the spring, Title 42, which was instituted due to the pandemic, still hung around for part of the […]

Comment to Proposed H-1B Rule Expressing Concern Over New Definition of Specialty Occupation

December 22, 2023 Submitted via www.regulations.gov DHS Docket ID No. USCIS-2023-0005 Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy 5900 Capital Gateway Dr. Camp Springs, MD 20588-0009   Attn: Charles L. Nimick Chief, Business and Foreign Workers Division Re:      Regulatory Proposal for Modernizing H–1B Requirements, Providing Flexibility in the […]

Scripps v. Jaddou Offers Nuanced Interpretation of “Final Merits Determination” in Reversal of  EB-1B Denial for Outstanding Researcher

By Cyrus D. Mehta and Jessica Paszko* Noncitizen professors or researchers can more easily seek to obtain permanent residence as “outstanding professors and researchers” in light of the District Court of Nebraska’s recent decision in Scripps v. Jaddou. Pursuant to INA § 203(b)(1), noncitizens may be eligible for permanent residency under the employment-based first preference […]