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  • CSS/LULAC Temp. Status terminatios

    Originally posted by crholguin:
    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,

  • #2
    Originally posted by crholguin:
    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,

    Comment


    • #3
      Hi, has any of the class members in here, have contacted the center lately, does anyone have any updates, are carlos & peter moving forward, in regards to going back to the settlement judge due to USCIS/AAO abuse of discretion in our cases? keep in touch folks.

      Comment


      • #4
        I believe they are aware of this reality that USCIS never dealt according to the guidelines of the settlement and never took any action. They were the once who settled the guidelines and they should have followed it if they were met by USCIS. Now all of sudden they want to know who was abused by them. Well, everyone tht means 99% cases were denied and mistreated. First it took almost 15 years to settle this case and then while settlement they didn't think that what will happen to the people who will be denied. Now they are not deportable but cannot work legally, no licence, no identification or anything. How will they survive. They have already settled their roots in this country and now no help. They should have been left to work atleast until another relief comesby so they can survive. But noone thought of 99% refusals. I don't know, now I hear that CSS cases are getting letters to reopen their appeals n all but wht about Lulac. Why only NEW YORK, wht about other cities????

        Comment


        • #5
          maybe we need to call them about this new developments, in regards to USCIS/AAO reopening CSS cases, but I would like to know who is reopening this denied cases...is it USCIS or is it the AAO or both...I guess carlos & peter did not get a good settlement for us after all, at least not in comparison with the NWIRP Settlements.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by italiansrus:
            maybe we need to call them about this new developments, in regards to USCIS/AAO reopening CSS cases, but I would like to know who is reopening this denied cases...is it USCIS or is it the AAO or both...I guess carlos & peter did not get a good settlement for us after all, at least not in comparison with the NWIRP Settlements. </div></BLOCKQUOTE>

            All of us must understand that Peter and Carlos is all we got. That is the duo who can unlock the bind we all are shakled in.
            Let us put our Imagination and Effort to get these two people who we know are on our side to get engaged. In my last post I had suggested all of us who are in the same pridicament (termination of Temp. Status) to some how come together and make it attractive as a case to our lawyers and explore the legal procedureal avenues open to us under the circumstances.
            All the best. Remember ; Hope sustains life. We are the very examples of it and trust me we shall make it happen. But sooner the better.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by italiansrus:
              Hi, has any of the class members in here, have contacted the center lately, does anyone have any updates, are carlos & peter moving forward, in regards to going back to the settlement judge due to USCIS/AAO abuse of discretion in our cases? keep in touch folks. </div></BLOCKQUOTE>

              Almost month and a half ago I had sent my entire file to Carlos. Then two weeks later I followed up for a confirmation request if he had recieved my package. I did not get any response as of yet. But a reasonable explanation could be as these fellows are busy over all. So I shal post as soo as I hear any thing in the matter which could benifit any one or all.

              Comment


              • #8
                Paul, did u heard back anything from carlos?

                Comment


                • #9
                  It is too dangerous to live in the US

                  there are too many tornadoes , hurricanes, earthquakes, blizzards

                  don't you get it???

                  California get over 500 earthquakes per day

                  http://earthquake.usgs.gov/ear...uakes/quakes_all.php

                  It just start raining birds in Arkansas and louisiana

                  http://www.39online.com/news/l...tory,0,7247358.story

                  Comment


                  • #10
                    since you get it, I`m assuming that you must have moved on from the US....unless you are very lucky to be alive....fisnuckisnyou pisnuck bisnitch and Happy New Year!!!<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by chicory:
                    It is too dangerous to live in the US

                    there are too many tornadoes , hurricanes, earthquakes, blizzards

                    don't you get it???

                    California get over 500 earthquakes per day

                    http://earthquake.usgs.gov/ear...uakes/quakes_all.php

                    It just start raining birds in Arkansas and louisiana

                    http://www.39online.com/news/l...tory,0,7247358.story </div></BLOCKQUOTE>

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ZamZam:
                      Paul, did u heard back anything from carlos? </div></BLOCKQUOTE>

                      Sorry ZamZam, I have not had any response from Carlos or Peter's office. Appears like wait and see game going all around amogst all the parties involved.
                      Happy New year to all meanwhile. Let us hope the good sense of equity and fairness prevails in our congress; who knows the reality might set in and some thing good comes out legislatively.

                      Comment


                      • #12
                        Chicory, this is only a joke, yea? The US is a very safe place to live! Kidnappings, ransoms, and other acts of anarchy are kept to a minimum - and these are the real issue. Every country has natural disasters.
                        Always interested in the H1-B visa, the Eb-5 Visa Program and other Eb5 Investor Visa related issues.

                        Comment



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