Biden taps Montana law professor to be 9th Circuit judge

Litigation Reports

President Joe Biden nominated has nominated a University of Montana law professor to be a judge on the 9th U.S. Circuit Court of Appeals.

Anthony Johnstone is a former solicitor for the state of Montana who has taught at the University of Montana since 2011. He previously worked at a private firm and clerked for Judge Sidney Thomas, who stepped down last year as chief judge for the 9th Circuit.

U.S. Sen. Jon Tester said in a statement that Johnstone had a track record of applying the law without personal bias.

His nomination must be confirmed by the U.S. Senate. The 9th Circuit has 29 judgeships and is one the busiest federal appeals courts in the nation.

It handles thousands of cases annually from federal judicial districts in nine western states, Guam and the Northern Mariana Islands.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.