Women victims of domestic violence can come to the U.S. and apply for asylum

Matter of A-R-C-G- is a great BIA case that shows that women who are victims of domestic violence outside the U.S. have a chance to escape their persecution by coming to the U.S. and applying for asylum based on persecution of a particular social group.

Size of Board of Immigration Appeals is getting bigger

EOIR issued an interim rule with a request for comments amending the DOJ regulations relating to the Board of Immigration Appeals (BIA) by adding two Board member positions, expanding the BIA to 17 members. This rule is effective today. Comments must be submitted by August 3, 2015.

Family Detention facility giving below average care to the detainees

Several of the women being held in family detention in Karnes City, Texas, are pregnant. According to the article, the women stated that they learned about their pregnancies after being given a urine test soon after admission, and one of the women stated that she had not received any off-site medical care for her pregnancy.

Court Finds Judge’s Deportation Warning at Guilty Plea Proceeding Does Not Satisfy Padilla

The Fifth Circuit reversed the district court, holding that a judge’s statement at a guilty plea proceeding that deportation is “likely” does not foreclose a noncitizen defendant’s ability to demonstrate prejudice as a result of counsel’s failure to provide Padilla-required advice about the immigration consequences of the plea.

H2B Cap reopened

USCIS reopened the FY2015 H-2B cap today, and is now accepting petitions requesting new H-2B workers with an employment start date between April 1, 2015, and September 30, 2015. The agency explained that the number of H-2B visas actually issued by the State Department was less than the number of beneficiaries seeking consular notification that had been identified on approved petitions.

Another win for our Law Office regarding appealing and Petition for Review

Green card application granted for client who is married to a US citizen but had a deportation order from 1995.  Client had two motions to reopen denied by the Immigration Court and his appeal was denied by the BIA.  However, once at the 9th Circuit Court of Appeal, the Department of Homeland Security agreed remand and terminate his case so that he could apply for adjustment of status with USCIS.  20 years later, he is now a lawful permanent resident of the United States.

Another Win for the Law Offices of Brian D. Lerner regarding a Provisional Waiver

Provisional waiver granted for Client who entered the United States without inspection in 2001.  Waiver was based on hardship to his U.S. citizen wife, who he recently married and with whom he has a U.S. citizen daughter.


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