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Articles Posted in Court Decisions

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U.S. Supreme Court: Gender Discrimination in Immigration Case

Since the 1970’s the Supreme Court has consistently ruled that laws that discriminate on the basis of gender are unconstitutional, but on November 10 the justices gave the impression they were ready to allow an exception to the rule. The case revolved around whether “children born of mixed marriages abroad…

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Southern District of Florida Dismisses University Employee’s Forced Labor Claims

In the recent Court Case (No. 10-22072) Gerardo Alvarado sued Carlos Albizu University for breach of contract and “breach of the duty of good faith and fair dealing.” He was working at the University on an H-1B visa in 2006 when he was promoted to Interim Director of the Business…

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USCIS ordered to accept concurrently-filed Religious Worker I-360 and I-485 applications

Last week, a Washington District Court ordered the United States Citizenship and Immigration Service (USCIS) to begin accepting concurrently-filed I-360 and I-485 petitions. The District court ordered that the bar against concurrent filings on behalf of religious workers, as set forth in 8 C.F.R. § 245.2(a)(2)(i)(B), was an impermissible construction…

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Supreme Court Holds that Those Granted Voluntary Departure Can Seek Reopening

Dada v. Mukasey, No. 06-1181, 554 U.S. ___ (June 16, 2008) The Supreme Court held that voluntary departure recipients must be permitted to unilaterally withdraw a voluntary departure request before the expiration of the voluntary departure period “to safeguard the right to pursue a motion to reopen.” The Supreme Court…

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