By Cyrus D. Mehta and Kaitlyn Box*
On April 1, the Supreme Court heard oral argument in Trump v. Barbara, a case which raises a 14th Amendment challenge to President Trump’s executive order restring birthright citizenship. The executive order,
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ICE Presence at Domestic Airports Blurs the Line Between Airport Security and Immigration Enforcement
By Cyrus D. Mehta and Kaitlyn Box*
In recent weeks, President Trump has dispatched ICE agents to some major airports, purportedly to fill in for TSA workers who are furloughed as a result of the DHS shutdown. Tom Homan, the…
New Fields in Form I-129 for H-1B Classification Need to Sync with Appropriate Wage Levels in the Lottery and Labor Condition Application
By Cyrus D. Mehta and Kaitlyn Box*
On February 27, 2026, USCIS published a new edition of Form I-129, which it will accept exclusively beginning April 1, 2026. The new edition of Form I-129 introduces several new fields in the…
Trump Administration Erroneously Freezes Child’s Age under the Child Status Protection Act Upon Approval of Visa Petition Rendering It Virtually Ineffective
By Cyrus D. Mehta and Kaitlyn Box*
In early 2023, under the Biden administration, USCIS had reversed its longstanding policy of recognizing only the Final Action Dates (FAD) in the State Department Visa bulletin as protecting a child’s age under…
Board of Immigration Appeals Limits Scope of Entry Fraud Waiver under INA 237(a)(1)(H)
By Cyrus D. Mehta and Kaitlyn Box*
On February 26, 2026, in Matter of Fortjoe, the BIA held that “’admission’ in section 237(a)(1)(H) of the INA, 8 U.S.C. § 1227(a)(1)(H), refers only to an alien’s lawful entry into the…
Major Questions Doctrine in Immigration Cases after the Supreme Court Ruling in the Tariffs Case
By Cyrus D. Mehta and Kaitlyn Box*
In a previous blog, we addressed the major questions doctrine, an idea articulated by the Supreme Court in West Virginia v. EPA, 142 S. Ct. 2587 (2022). The major questions doctrine…
Although the Fifth Circuit has Justified Detention Without Bond for Noncitizens who Entered Without Inspection, Courts Outside the Fifth Circuit Are Not Bound and Can Use Independent Judgment Under Loper Bright
By Cyrus D. Mehta and Kaitlyn Box*
In its June 28, 2024 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court abolished the long-standing Chevron doctrine. Under this doctrine, courts were required to defer to the government agency’s…
Federal Court Relies on Loper Bright to Overturn EB-1 Denial Based on the Final Merits Determination
By Cyrus Mehta
In Mukherji v. Miller, a district court in Nebraska recently set aside the denial of a petition of extraordinary ability on the ground that the “final merits” determination was unlawful.
Although the petitioner satisfied five out of the ten…
No Dramatic Changes in Immigration Cases after Loper Bright
By Cyrus Mehta
In its June 28, 2024 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court abolished the long-standing Chevron doctrine. Under this doctrine, courts were required to defer to the government agency’s interpretation of an ambiguous statute. Chief Justice…
DOS Announces Temporary Pause on Certain Visas for Nationals of 75 Countries Based on Unfounded Concerns That They Will Seek Public Benefits
By Cyrus Mehta