Posted on August 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where the ALJ had found the employer petitioner liable for 504 violations of INA §274A, which requires employers to verify that their employees are legally authorized to work in the United States, and had assessed a total penalty of $305,050, the Ninth Circuit granted the petition for review as to one violation, because the charge was untimely under the statute of limitations. The court denied the petition as to the other 503 violations, concluding that the petitioner was not entitled to good faith defenses, and also denied the petition as to the ALJ’s summary determination of the penalty amount, concluding that the petitioner’s ability to pay was not a material issue of fact that would preclude such determination.
Filed under: best deportation attorney | Tagged: hiring illegal aliens, I-9, i9, ina274, penalties | Leave a comment »
Posted on August 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
TIME reports that undocumented immigrants are being swept up in immigration raids targeting their friends, neighbors, and coworkers. Under the Trump administration’s new enforcement priorities, ICE is instructed to detain and deport anyone who is in the country illegally, which means even so-called “non-targets” are ending up in custody after a raid.
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Posted on August 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The ACLU and the Center for Gender and Refugee Studies reached a settlementagreement with ICE in a suit brought regarding delays in the production of information requested via FOIA on ICE’s detention of asylum seekers who are found to have a credible fear of persecution. Among other things, ICE agreed to provide an informal description of the documents withheld in their entirety and written justification for such withholding.
Filed under: best deportation attorney | Tagged: aclu, asylum, credible fear of asylum, Detention, ICE | Leave a comment »
Posted on August 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CNN reports that a new study published by the University of Pennsylvania’s Wharton School found that the Reforming American Immigration for Strong Employment (RAISE) Act, would result in 4.6 million lost jobs by the year 2040. It also found that the U.S. economy would be two percent smaller than it would be under the current immigration policy during that time
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Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Answer: In this case, there is actually an unpublished case that allows this to go forward. However, even without this case, it is possible. You will have to define the social group differently. In this case, I can see some group similarly referencing women that are being beaten, but are in ‘common law’ marriages and/or who have kids that have suffered, etc.
Question: What if my country has laws against domestic violence? Will I not be able to apply?
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Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Answer: In this case, there is actually an unpublished case that allows this to go forward. However, even without this case, it is possible. You will have to define the social group differently. In this case, I can see some group similarly referencing women that are being beaten, but are in ‘common law’ marriages and/or who have kids that have suffered, etc.
Question: What if my country has laws against domestic violence? Will I not be able to apply?
Filed under: best deportation attorney | Tagged: asylum, child abuse, Domestic Violence, gender based asylum, transgender | Leave a comment »
Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Answer: There are several grounds in which you can apply for asylum. One of the grounds is if you are being persecuted because you are in a ‘social group’. You have to define an immutability characteristic. This is where a person cannot change OR it is so fundamental that the person should not have to change. The social group can be argued differently depending on the particular situation in which you are finding yourself.
For example, in the small amount of information you have given here, the social group might be married persons who are beat by their spouses and cannot get any governmental help. It is not easy to define social group and certain case law actually makes it more difficult. However, do not despair as it can certainly be done.
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Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
“My Husband beat me”. Now it is possible to apply for Asylum.
Question: My husband beat me and I was afraid for my life, so I escaped to the United States. Can I apply for something so I do not have to go back to my home country?
Answer: Yes, it may be possible to apply for gender based asylum. This is not your normal ‘political’ asylum, but rather, one based on ‘gender based immigration. This would be considered a social group.
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Filed under: asylum | Tagged: asylee, asylum, Asylum Application, asylum attorney, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that the Ninth Circuit Court of Appeals ruled on Wednesday that two laws passed by Congress didn’t end the right to a bond hearing for unaccompanied immigrant children detained by federal authorities. The court said that immigrant children who cross the border without their parents have the right to a court hearing to challenge any decision to detain them instead of turning them over to family in the United States. The ruling is especially prescient since a reported tens of thousands of unaccompanied children fleeing gang and drug violence in Guatemala, Honduras, and El Salvador have entered the United States in recent years.
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Filed under: Immigration | Tagged: bond hearing, court hearing, detained children, Immigration, Immigration Attorney, Immigration Court, Immigration Lawyer | Leave a comment »
Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a per curiam decision, the U.S. Supreme Court vacated the Fifth Circuit’s rulingthat a CBP agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity. However, the court declined to rule on the merits of the case, instead remanding to the Fifth Circuit for further consideration of Fourth and Fifth Amendment issues in order to determine in the first instance whether the teen’s parents can recover damages for the teen’s death.
Filed under: best deportation attorney | Tagged: cby, cby agent, immunity of cbp agents, qualified immunity, US Supreme Court | Leave a comment »
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