Entries by Cyrus Mehta

The Pathos of Patel v. Garland

By Stacy Caplow∗ There are many reasons for despair over the Supreme Court’s technocratic decision in Patel v. Garland which strikingly depends on arguments advanced by an amicus rather than the Government. The decision effectively forecloses judicial review of fact-finding by immigration courts or agencies regardless of whether the fact-finding was unreasonable and produced an incorrect […]

H-1B Extension Beyond Six Years Will Not Be Granted If Priority Date is Current and Green Card is Not Applied for Within One Year

By Cyrus D. Mehta and Jessica Paszko* The Immigration and Nationality Act (INA) § 214(g)(4) limits the amount of time that H-1B nonimmigrant workers may extend their H-1B status to six years. Under certain situations, however, H-1B status may be extended beyond the statutory six-year maximum, namely by way of a “Lengthy Adjudication Delay Exemption” […]

Ethical Considerations  when ICE Moves to Dismiss Removal Proceedings under the Doyle Prosecutorial Discretion Memo

By Cyrus Mehta and Kaitlyn Box* On April 3, 2022 the U.S. Immigration and Custom Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) Kerry E. Doyle issued a memorandum (“the Doyle memo”) which empowers ICE attorneys to exercise prosecutorial discretion in handling the cases of noncitizens who are not considered enforcement priorities under the […]

Using U.S. Immigration Law to Undermine Putin

By Cyrus D. Mehta and Kaitlyn Box* Since Russia’s invasion of Ukraine in late February 2022, there has rightly been much discussion of how to assist the Ukraine and its citizens. The United States’ immigration laws can plainly be employed to assist Ukrainian nationals who wish to seek refuge in the United States, including extending […]

USCIS Contact Center is More a Source of Frustration than Assistance

By Cyrus D. Mehta, Kaitlyn Box*, and Jessica Paszko** The USCIS Contact Center purports to provide tools for checking case statuses online, correcting notices that contain mistakes or were never delivered, and connecting applicants to a representative for live support. However, the Contact Center is more often a source of frustration than assistance. We outline […]

In Addition to Granting TPS to Ukrainians, the US Must Do More to Help Ukrainians and Others Outside the US Who Are In Trouble

On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. Also, U.S. Citizenship and Immigration Services issued an alert on March 4, 2022, about immigration help available on a case-by-case basis to those affected by “special situations,” including the invasion of Ukraine. […]