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DOL Publishes New H-2B Prevailing Wage FAQ
http://www.aila.org/content/default.aspx?docid=36832
DOL FAQ providing guidance to employers in understanding how the Service Contract Act (SCA) wages are used by the OFLC in issuing H-2B prevailing wage determinations. AILA Doc. No. 11090165.

Owner of an Iowa Roofing Company Pleads Guilty to Harboring Undocumented Individuals
http://www.aila.org/content/default.aspx?docid=36827
ICE press release announcing that Samira Zuniga, the owner Xtreme Construction, pleaded guilty in federal court to harboring and conspiring to harbor undocumented individuals who were arrested while working on a residential roofing job in April of 2011. AILA Doc. No. 11090163.

USCIS Memo on the Eligibility to Self-Petition as a Battered or Abused Parent of a U.S. Citizen
http://www.aila.org/content/default.aspx?docid=36825
An 8/30/11 USCIS policy memo on the self-petitioning eligibility of a battered or abused stepparent or adoptive parent of a U.S.C., and the eligibility for VAWA relief after termination of a step-relationship. The final memo supersedes the 1/7/11 draft memo on this subject. AILA Doc. No. 11090161.

CA8 Applies “Strong Presumption” of Service; Upholds In Absentia Order
http://www.aila.org/content/default.aspx?docid=36824
In a case governed by the IIRIRA transitional rules, the court found that Petitioners failed to rebut the “strong presumption” of service where notice of proceedings was sent via certified mail and the record contained proof of delivery. (Patel v. Holder, 8/31/11) AILA Doc. No. 11090160.

LAC Practice Advisory: DHS Review of Low Priority Cases for Prosecutorial Discretion
http://www.aila.org/content/default.aspx?docid=36833
This practice advisory provides guidance on DHS’s August 18, 2011, announcement regarding the creation of an interagency working group to identify and administratively close “low priority” removal cases among the approximately 300,000 that are currently pending. AILA Doc. No. 11090130.

AILA’s Immigration This Week: September 1, 2011
http://www.aila.org/content/default.aspx?docid=36836
AILA’s Immigration This Week discusses updates from DOL, USCIS, CIS Ombudsman’s Office, AILA liaison activity, the tip of the week, as well as updates on VAWA processing and USCIS transformation, and much more. AILA Doc. No. 11090133.

AAO Approves §212(i) Waiver for Mexican Wife of U.S.C.
http://www.aila.org/content/default.aspx?docid=36835
In an unpublished 8/10/11 decision, the AAO considered evidence of extreme hardship to the citizen spouse, including mental health issues and sensitivity to family separation, and took administrative notice of the dangers in Sinaloa due to TCOs. Courtesy of Philip Hornik. AILA Doc. No. 11090132.

DOL Replaces PERM FAQ on Special Recruitment for College and University Teachers
http://www.aila.org/content/default.aspx?docid=36831
DOL FAQ replacing the existing guidance on the use of an electronic or web-based national professional journal instead of a print journal when conducting recruitment for college and university teachers as specified under 20 CFR 656.18. AILA Doc. No. 11090164.

CA7 Reverses District Court, Says Padilla May Not be Applied Retroactively
http://www.aila.org/content/default.aspx?docid=36834
Over dissent, the court held that the Supreme Court in Padilla v. Kentucky announced a new constitutional rule and its holding may not be applied to collateral appeals retroactively. (Chaidez v. U.S., 8/23/11)

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