Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As a matter of first impression, the Ninth Circuit held that a car’s mechanical failure does not alone compel granting a motion to reopen based on exceptional circumstances. Accordingly, the court upheld the BIA’s denial of the motion to reopen to rescind the in absentia removal order entered against the petitioner, whose car had broken down on the way to her removal hearing.
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https://californiaimmigration.us/motion-to-reopen-granted-2/
Filed under: Immigration Attorney | Tagged: car breaking down, in absetia removal order, motion to reopen, MTR | Leave a comment »
Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where the petitioner contended that his removal to Mexico would result in his death at the hands of the notorious La Linea drug cartel, the Seventh Circuit remanded the case to the BIA for reconsideration of the petitioner’s eligibility for deferral of removal under the Convention Against Torture (CAT). The court concluded that the petitioner appeared to have a strong case for deferral of removal, and instructed the BIA to pay careful heed to the analysis found in this opinion and its recent decision in Rodriguez-Molinero v. Lynch.
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https://californiaimmigration.us/tn-treaty-nafta/
Filed under: Immigration Attorney | Tagged: CAT, Convention Against Torture, drug cartel, Withholding | Leave a comment »
Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit affirmed the grant of a preliminary injunction against the state of Indiana’s attempt to withhold funds from a private agency that assists in the resettlement of refugees, including Syrian refugees. The court rejected the governor of Indiana’s brief asserting that “the State’s compelling interest in protecting its residents from the well-documented threat of terrorists posing as refugees to gain entry into Western countries,” finding that there was no evidence to support that argument.
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https://californiaimmigration.us/political-asylum/refugee-processing/
Filed under: Immigration Attorney | Tagged: asylum, indiana, Refugees, resettlement, syrian refugees | Leave a comment »
Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it has updated the information for the EB-5 Regional Center (EB-5) and EB-4 Non-Minister Special Immigrant Religious Worker (SR visa) programs in its Adjustment of Status Filing Charts for the October 2016 Visa Bulletin, after President Obama signed Public Law 114-223 on September 29, 2016. DOS also issued a cable on the extension of the EB-5, SR visa, and Conrad State 30 programs. Public Law 114-223 extended these three visa programs, as well as the E-Verify program, until December 9, 2016
Filed under: Immigration Attorney | Tagged: bisa programs extended, DOS, EB-5, religious petition, USCIS | Leave a comment »
Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit denied the petition for review, holding that the petitioner was afforded due process, because the IJ fully complied with the statutory requirement of INA §240(b)(4) by informing the petitioner of his right to obtain counsel, and offered repeatedly to continue the case to allow him to secure representation.
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https://californiaimmigration.us/uscis-may-reopen-h-1b-petitions-denied-under-three-rescinded-policy-memos/
Filed under: Immigration Attorney | Tagged: Appeal, Due Process, iac, IJ, Immigration Judge, right to counsel | Leave a comment »
Posted on October 5, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the Certifying Officer’s denial of the labor certification, finding that the employer filed two PERM applications with “substantially comparable job duties,” and holding that an employer may not file a new PERM application for the same foreign worker for the same job opportunity when the first application is pending BALCA review.
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https://californiaimmigration.us/they-denied-my-labor-certification/
Filed under: Immigration Attorney | Tagged: Appeal, BALCA, Labor Certification | Leave a comment »
Posted on October 5, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
April 28, 2016
USCIS Responds to Recent Concerns Regarding Processing Times
USCIS informed stakeholders that it is working to address the staffing shortages and workload issues that are causing processing time delays. USCIS stated that it recently transferred cases between all of its service centers in an effort to reduce backlogs, ensure that processing times are consistent across service centers, and provide stakeholders with faster responses
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https://californiaimmigration.us/employment/perm/
Filed under: Immigration Attorney | Tagged: backlog, USCIS | Leave a comment »
Posted on October 5, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the denial of a labor certification undergoing supervised recruitment (SR) where the employer claimed it did not receive the revised draft advertisement. BALCA noted that the record did not reflect a change of address for the employer or attorney during the relevant time period. Further, the correction letter was addressed to the same mailing address for the employer and attorney as the notification and the denial, which were received.
Filed under: Immigration Attorney | Tagged: BALCA, Labor Certification, PERM | Leave a comment »
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