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Termination of CSS/LULAC/Newman class members' temporary residence, etc.

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  • Termination of CSS/LULAC/Newman class members' temporary residence, etc.

    The Center for Human Rights & Constitutional Law serves as class counsel for persons who apply for legalization or “late amnesty” under the CSS and LULAC/Newman settlements.

    The Center is concerned that CIS adjudicators may be violating the CSS and LULAC/Newman settlements in the following ways:

    1) Misapplication of the preponderance of the evidence standard.

    8 C.F.R. § 245a.12(e) requires CIS to adjudicate legalization applications using the familiar “preponderance of the evidence” standard.
    Class counsel have received reports that CIS adjudicators and the Administrative Appeals Office may be misapplying the preponderance of the evidence standard in the following ways:

    • Finding or inventing some weakness in individual items of documentary evidence of unlawful residence and thereupon declaring such evidence wholly lacking in probative weight.

    • Refusing to give declarations any probative weight because the declarant failed to attach documentary evidence of his or her U.S. residence during the period the declarant confirms a legalization applicant’s residence or presence in the U.S.

    • Declaring declarations devoid of probative weight because the declarant failed to provide non-essential details about the applicant’s employment, physical address, or daily activities.

    This list is not exclusive.

    2) Evading regulatory procedures for termination of temporary resident status.

    8 C.F.R. § 245a.2(u) prescribes the procedure CIS must follow to terminate temporary resident status.

    Class counsel have received reports that rather than follow § 245a.2(u), CIS is, without notice, revisiting CSS and Newman class members’ basic eligibility for lawful temporary residence at the time they appear for interview on applications to adjust from temporary to permanent resident status, finding that temporary residence was improvidently granted, rescinding lawful temporary residence, and denying adjustment to permanent residence.

    Lawyers, advocates and class members are encouraged to report examples of these possible violations off-list to Carlos Holguín, General Counsel, crholguin@centerforhumanrights.org.

  • #2
    Well, wht does this means? Is this any news which we should look forward to help lulac/Css members in any way. Pls. can someone can explain. thnks

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    • #3
      Carlos,

      You are absolutely correct about the USCIS writing it’s own rules on the fly regarding the preponderance issue. In fact they custom tailor the requirements to defeat selected individuals at will.

      However, you are incorrect about the AAO. The AAO enacted a blanket policy to deny all appeal applicants regardless of the merits of their appeal.

      Yes, it’s a public fact, that 100% of all CSS/Newman appeals were either dismissed or rejected regardless of the merits of the individuals case. This is blatant fraud, and so far no attorney has addressed this issue.

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      • #4
        More likely the liars and cheats seeking unmerited immigration benefits are unhappy because CIS has discovered their bogus claims....gee....too bad....<sniffle sniffle>

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        • #5
          excellent S12, as usual. Got good news for you and Federale86, today I read that the Border Patrol has been raiding different spots in Las Vegas where the illegals concentrate and they arrested dozens of them. Mind you, they only went to four places. To quote our King, S12: "illegals are known for their higher intelligence". The news said that the BP went from AZ to NV because the brave illegals are moving to LV. I guess 15% unemployment in LV, the highest in the nation, should not be affected by these criminals.

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          • #6
            pardon me, I forgot to...sniffle...sniffle

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            • #7
              Carlos,
              I already sent u my email explaining some of the situation which occured while my interview. I agree with Unique and so many other members who have been mistreated and misjudged by not only the USCIS but also by AAO. Almost all the appeals have been denied. And including mine they took my $545.00 fee but didn't give me any chance in the appeal stating it was not rec'd in 30 days. So,,,, why kept my money then if they were not processing my appeal. Every member can bring all their real stories and how USCIS never followed the settlement clauses. We need to bring back our sue in the court and challenge them. It's over 20 years now, and we are still with no status. What a shame. Need justification and rightful conclusion. They should be accounted for it as ruining so many lives with no sympathy and breaking the families. All Lulac/Css members have already proven to be good citizens and hard working people since they were initially qualified in 1990's. Need some closure to it, we all are just hanging in the air.

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              • #8
                gee....buy a box of kleenex, you pathetic liar..."all Lulac (lie like a rug is more accurate)/Css (Css= Can't Stop Sniveling)members have already proven to be good citizens...."..?? huh? sorry...no one has any sympathy for your sad tales....<sniffle sniffle>

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                • #9
                  u r such a loser and have nothing else better in ur life. Get a job, u welfare drainer and sitting infront of ur computer and wasting ur whinning life. I feel sorry for u and all ur miserable friends. Why am i wasting my time for ur nonsense, pathetic.

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                  • #10
                    Originally posted by Someone12:
                    gee....buy a box of kleenex, you pathetic liar..."all Lulac (lie like a rug is more accurate)/Css (Css= Can't Stop Sniveling)members have already proven to be good citizens...."..?? huh? sorry...no one has any sympathy for your sad tales....<sniffle sniffle>
                    Pathetic liar? Please... Your stalker just posted '"To quote our King, S12:.."'. A loser desperately begging for some attention calls another sorry loser like yourself "Our King". That's pathetic...

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                    • #11
                      Hey Whknapp!

                      Yes, we still have the same, sorry losers here. Good to see you! Hope life is treating you well.

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                      • #12
                        Welcome back again whknapp. Been trading some chickens for healthcare lately?

                        "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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                        • #13
                          Hey, Proud, Brit

                          Still dealing with the same worthless, pathetic, sorry, bitter, and dumb losers, huh? We'll have to throw a chicken party again one of these days. Take care...

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                          • #14
                            Carlos,
                            Any update??????

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                            • #15
                              Now what?

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