Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit held that the BIA did not err in concluding that a petitioner cannot establish good moral character if he has been incarcerated for 180 days or more, regardless of the nature of the underlying crime of conviction. The court also upheld the BIA’s interpretation that INA §240A(b)(1) requires the petitioner to establish good moral character during the 10 years immediately preceding the final administrative decision of the IJ or BIA on the petitioner’s application, as opposed to the 10 years preceding service of the NTA.
https://cbocalbos.wordpress.com/tag/bia-2/
https://cbocalbos.wordpress.com/tag/appeal-to-bia/
https://cbocalbos.wordpress.com/tag/bia/
https://californiaimmigration.us/eoir-rescinds-policy-memo-on-case-processing-at-the-bia/
Filed under: BIA | Tagged: BIA, board of immigration appeals, GMC, Good Moral Character, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit issued an en banc decision that overruled previous decisions to the extent that they conflicted with the plain text reading of the regulations governing internal relocation and deferral of removal under CAT. The court held that neither the petitioner nor the government bears the burden of proof as to internal relocation; rather, such evidence, if relevant, must be considered in assessing whether it is more likely than not that the petitioner would be tortured if removed.
Filed under: Immigration Attorney | Tagged: 9th circuit court of appeals, CAT, Convention Against Torture, internal relocation, Petition for Review | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Washington Post reports on the Central American Minors Refugee/Parole Program, a new but little-known program that allows Central American immigrants who reside legally in the United States to bring family members to the country. The article states that the new policy applies to children from Honduras, Guatemala, and El Salvador who face harm from violence and other dangers. Admission is also possible for spouses and grandchildren of immigrants in some cases.
Filed under: Immigration Attorney | Tagged: central american refugees, honduran asylees, Refugees | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit remanded, holding that the BIA abused its discretion by ignoring a potentially meritorious argument when deciding on the motion to reopen, and that the BIA should determine if the petitioner’s attorneys incompetently neglected to offer evidence and arguments that might have resolved the inconsistencies identified by the Immigration Judge.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, ineffective assistance of counsel, lozada, Petition for Review | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it has received enough petitions as of March 26, 2015, to reach the H-2B cap for FY2015. As such, USCIS will reject any new H-2B petitions that request a start date before October 1, 2015, and were received after March 26, 2015.
H-2B petition
H-2B Cap
The H-2B application
H-2B temporary worker
Filed under: H-2B | Tagged: H-2B, h-2b cap, h2b, h2b attorney, h2b cap, h2b lawyer, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it has received enough petitions as of March 26, 2015, to reach the H-2B cap for FY2015. As such, USCIS will reject any new H-2B petitions that request a start date before October 1, 2015, and were received after March 26, 2015.
Filed under: Immigration Attorney | Tagged: H-2B, h-2b cap, h2b, h2b attorney, h2b cap, h2b lawyer | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
MSNBC reports that lawyers and advocacy groups are alleging that women and children who are holding a hunger strike at an immigrant family detention center in South Texas are now facing retaliation, including intimidation and isolation. MSNBC states that ICE denies that any hunger strike is underway at the Karnes County Residential Center, and said the agency is not aware that any women have fully refrained from eating at either the dining hall or in common living areas
Filed under: Immigration Attorney | Tagged: artesia detention facility, child detention immigration, detention facility, El Salvador, retaliation ICE | 2 Comments »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS issued a cable on the worldwide deployment of a new USCIS Form I-407, Record of Abandonment of Lawful Permanent Resident Status. After March 26, 2015, posts must discontinue the use of the prior version of Form I-407. The cable includes information on who can file, where to file, completing Form I-407, and additional filing and processing information.
Filed under: Immigration Attorney | Tagged: abandon residency, form i-407, i-407, i407, petition for abandomente of residency | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS provided guidance on the proper action to take if H-1B cap-subject filings for FY2016 are mishandled by delivery services. USCIS advised that it will reject any petitions received after the cap is met, including second H-1B petitions filed because of a delivery service mishandling. AILA reminds members who elect to file a second H-1B cap-subject petition in accordance with this guidance that the first petition will be withdrawn even if it is ultimately selected in the lottery. The second petition is completely separate and does not “replace” the first petition.
Filed under: Immigration Attorney | Tagged: cap, H-1B, h-1b cap, h1b, mishandling h-1b | Leave a comment »
Posted on April 1, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the BIA found respondent removable, where killing of civilians and acts of torture occurred during his command of the Salvadoran National Guard, and he interfered with investigations, and failed to hold the perpetrators accountable. Matter of Vides Casanova, 26 I&N Dec. 494 (BIA 2015).
Filed under: Immigration Attorney | Tagged: BIA, El Salvador, killing, Torture | Leave a comment »
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