Posted on January 28, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In December, a federal judge ruled that ICE violated the Freedom of Information Act (FOIA) when it denied immigration lawyers access to their client’s files. ICE’s reasoning was that the clients in ICE custody were “fugitives,” but that is not one of the stated exceptions under FOIA. ICE used this justification for denying FOIA requests at least 333 times between July 21, 2017 and April 4, 2019. As of this week, the government has about a month remaining to appeal the decision.
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Posted on January 28, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
There has been a recent increase in Brazilians seeking asylum at the U.S.-Mexico border. In response to this increase, the Trump administration has been weighing whether to send Brazilian asylum seekers to Mexico under the Remain in Mexico program. The government is also considering whether to send the asylum seekers to another country like Honduras, with whom the U.S. has an asylum deal. There are already criticisms of Remain in Mexico, but an additional one for Brazilian asylum seekers is that they do not speak Spanish natively and would be unable to effectively communicate in Mexico. Though arrests of Brazilian asylum seekers are up, overall border arrests have decreased.
Filed under: best deportation attorney | Tagged: asylum from brazil, brazilian applicants, deportation to brazil, remain in Mexico program | Leave a comment »
Posted on January 28, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. is preparing to impose restrictions that will make it more difficult for pregnant women to travel to the U.S. on tourist visas. Though consular officers cannot ask whether a woman is or plans to become pregnant, applicants will be denied if consular officers determine they are traveling to the U.S. primarily to give birth. The restrictions are aimed at restricting “birth tourism” and take effect today, January 24.
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Posted on January 28, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced on January 22 that Iranian nationals are no longer eligible for E-1 and E-2 trade and investor visas. This is because the Trump administration terminated the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran in 2018. Current Iranian holders of these visas may stay until their visas expire, but may not extend or reapply for the visas. USCIS will also send out notices of Intent to Deny to all Iranian nationals who applied for E-1 and E-2 visas after October 3, 2018.
Filed under: best deportation attorney | Tagged: e-1, E-2, e1, e2, iranian national, treaty investor | Leave a comment »
Posted on January 28, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS published a final rule in the Federal Register amending the B visa regulations to establish that travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an impermissible basis for the issuance of a B nonimmigrant visa. The rule is effective today, January 24, 2020.
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Posted on January 27, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On December 6, a Saudi Arabian citizen killed 3 people and injured 8 in a shooting at the Naval Air Station in Pensacola, Florida. Ahmed Mohammed al-Shamrani was in the U.S. on an A-2 visa for military training. 3 Republican senators sent a letter to DHS asking for details on the vetting process for al-Shamrani, including specific vetting actions and any interviews he went through. The letter also asks about any social media monitoring done, and how often A-visa holders have been refused entry into the U.S. by CBP.
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Posted on January 27, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
After the drone strike on Iranian General Qasem Soleimani, U.S. border officers at the U.S.-Canadian border were told to stop Iranian travelers for questioning, according to an unnamed officer. Dozens of Americans of Iranian descent were stopped at the port of entry, and some were held for hours and questioned. CBP has so far denied that there was any directive given to officers to target Iranians and said that stories detailing stops were categorically false. The unnamed officer contradicted this and said that the order was in place until the story “hit the national news.” The officer did not provide a copy of the initial directive.
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Posted on January 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Judge Dana M. Sabraw found that the government may not conduct class members’ non-refoulement interviews without first affording the interviewees access to their retained counsel both before and during any such interview. The judge’s order applies to all asylum seekers in California who have hired lawyers and are subject to the Migrant Protection Protocols policy
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Posted on January 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Tuesday, the House Judiciary Committee announced that it is launching an investigation into the Migrant Protection Protocols, or “Remain in Mexico” policy. Several committee members have asserted that the protocols are illegal and open asylum seekers up to “murder, sexual violence, and kidnapping” in Mexico.
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Posted on January 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Unlike other immigration courts, the makeshift courts in Texas were closed to the public, including human rights observers and attorneys not representing a client. Recently, the U.S. government agreed to open up the courts. However, attorneys and advocates are saying that not all proceedings have actually been made public. They complained that the Trump administration is adjudicating individual merits hearings for asylum seekers inside the Fort Worth Immigration Adjudication Center, which is closed to the public. Senior Policy Counsel at the American Immigration Lawyers Association called this practice “clearly intentional…The agency is trying to operate these cases in secret.” The practice is particularly concerning because most asylum seekers in these hearings are not represented by an attorney.
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