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        involved challenges to the INA pro-  § 103(a)(3) and 6 USC § 202(5) so that  INA §274a(h)(3) as a definitional mis-  was so far like the present period, that
        visions that provide the authority for  the DACA program is upheld.  cellaneous provision, which cannot pro-  some of its noisiest authorities insisted
        noncitizens to remain in the U.S. The   Another interesting issue discussed  vide the basis for DACA and the grant  on its being received, for good or for
        court gave due deference under Chev-  in both cases is whether the Executive  of EADs, while the First Circuit relied  evil, in the superlative degree of com-
        ron to the executive’s interpretation of  Branch can issue work authorization  on the same provision as a statutory ba-  parison only.” Like London and Paris in
        INA § 214(a)(1) and upheld OPT. The  to noncitizens. The court in Washtech  sis for OPT EAD.          Dickens’ novel, Washtech and Texas are
        majority did not reference the “major  upheld the authority of the executive to   Charles Dickens opened his A Tale  comparable in some respects and very
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        questions” doctrine in Virginia v. EPA.  grant employment authorization docu-  of Two Cities with the following famous  different in others. Though Texas may

        The Fifth Circuit, on the other hand,  ments (EADs) under INA § 274(a)(h)  line: “It was the best of times, it was the  represent the worst of times and the age
        held that  DHS cannot rely on INA §  (3), which has long provided authority  worst of times, it was the age of wisdom,  of foolishness, Washtech ushers in an
        103(a)(3) as  a  basis  for  implementing  for the Executive Branch to provide  it was the age of foolishness, it was the  age of wisdom and the best of times for
        DACA, and cited Virginia v. EPA. This  employment authorization to broad cat-  epoch of belief, it was the epoch of in-  foreign students hoping to gain practical
        provision states that the DHS Secre-  egories of noncitizens. The executive’s  credulity, it was the season of Light, it  training in the U.S.
        tary “shall establish such regulations;  authority to grant EADs under this  was the season of Darkness, it was the   (This blog is for informational purposes
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        prescribe such forms of bond, reports,  provision had been soundly rejected by  spring of hope, it was the winter of de-  and should not be viewed as a substitute
        entries,  and  other  papers;  issue  such  the Fifth Circuit in the earlier DAPA  spair, we had everything before us, we   for legal advice).
        instructions; and perform such other  decision and Judge Hanen’s lower court  had nothing before us, we were all going   *Kaitlyn Box graduated with a JD from
        acts as he deems necessary for carrying  decision in Texas v. U.S. In footnote 37,  direct to Heaven, we were all going di-  Penn State Law in 2020, and is an Associ-
        out his authority under the provisions  Hanen’s decision makes reference to  rect the other way – in short, the period   ate at Cyrus D. Mehta & Partners PLLC.
        of the Act.” This provision is compara-  _________________________________________________________________________________________________________
        ble to INA § 214(a)(1), which the First   Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
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        Circuit held provided the basis for F-1
        OPT. INA § 214(a)(1) provides that “[t]  Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
        he admission to the United States of   mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
        any alien as a nonimmigrant shall be for
        such time and under such conditions as   Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
        the Attorney General may by regula-  of Volunteers for Legal Services and board member of New York Immigration Coalition.  Mr. Mehta is the former chair of the
        tions prescribe…….”               Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
            Although the Washtech case dealt
        with students, the D.C. Circuit’s decision  Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
        can serve as a template for the Supreme   on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
        Court to uphold the authority for other     You can click   www.indialife.tv
        categories of noncitizens to remain in   Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
        the U.S., including DACA recipients.  and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
        The same deference that the D.C. Cir-  immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016.  Mr. Mehta is ranked among
        cuit afforded to the executive’s authori-
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        zation of OPT ought to also be given to  the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
        the government’s interpretation of INA   in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.


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