Posted on June 27, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Public and political outrage over the horrific conditions in which children were being held at a Clint, TX, Border Patrol facility prompted immigration officials to remove about 250 children from the facility, 100 of the children were then abruptly sent back. Clara Long of Human Rights Watch said, “CBP custody is inappropriate and abusive for children,” and that children shouldn’t be kept at any of the more than 70 facilities along the border.
Filed under: best deportation attorney | Tagged: border patrol, border patrol facility, cbp, children, kids in custody | Leave a comment »
Posted on June 27, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced the latest phase in the expansion of its FOIA Immigration Records System (FIRST). USCIS online account holders may now submit FOIA requests online for their own records and will soon be able to submit online requests for non-A-File material.
Filed under: best deportation attorney | Tagged: FOIA, immigration records, USCIS | Leave a comment »
Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CBS News reports that a government official confirmed a previously unreported death of a 10-year-old girl from El Salvador while she was in the care of an Office of Refugee Resettlement facility last year. She was the first of six migrant children to die in U.S. custody — or soon after being released — in the past eight months.
Filed under: best deportation attorney | Tagged: asylum, central america, Detention | Leave a comment »
Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit concluded that the petitioner’s felony conviction for Possession of Marijuana for Sale under California Health & Safety Code §11359 rendered the petitioner removable, even though the conviction had been recalled and reclassified as a misdemeanor under California’s Proposition 64. The court explained that valid state convictions retain their immigration consequences even when modified or expunged for reasons of state public policy.
Filed under: best deportation attorney | Tagged: criminal relief, drug crime, expungement, Felony, immigration consequences, reduction to misdameanor, wobbler | Leave a comment »
Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Concluding that Popa v. Holder had been effectively overruled, the Ninth Circuit heldthat a Notice to Appear (NTA) that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing, and therefore does not terminate the residence period required for cancellation of removal. The court thus concluded that, because the petitioner had never received a valid NTA, his residency continued beyond his receipt of the NTA in 2008, and accordingly, he was eligible for cancellation of removal.
Filed under: best deportation attorney | Tagged: notice to appear, NTA, papa v. holder, subsequent corrections | Leave a comment »
Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit held that DHS’s failure to include the time and date of the petitioner’s hearing in the Notice to Appear (NTA) was a failure to follow a claim-processing rule, not a jurisdictional flaw, and that the petitioner did not timely object to DHS’s misstep.
Filed under: best deportation attorney | Tagged: 7th circuit, court of appeals, notice to appear, NTA | Leave a comment »
Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On May 28, 2019, the Attorney General (AG) certified to himself two cases, Matter of Thomas and Matter of Thompson. 27 I&N Dec. 556 (A.G. 2019). The AG has asked the parties and interested amici to “address whether, and under what circumstances, judicial alteration of a criminal conviction or sentence-whether labeled ‘vacatur,’ ‘modification,’ ‘clarification,’ or some other term-should be taken into consideration in determining the immigration consequences of the conviction.” This seems to relate to the BIA’s decisions in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003) (relating to vacatur of convictions), Matter of Cota, 23 I&N Dec. 849 (BIA 2005) (relating to sentence modifications), and similar cases.
Filed under: best deportation attorney | Tagged: criminal relief, immigration conviction, vacating a crime | 1 Comment »
Posted on May 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Our Law Office has been working in Immigration Law for nearly 30 years. We have just passed the opening of 5000 cases. Thus, we have helped people all over the U.S. and the world and continue to do so.
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Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The White House released a presidential memo directing DHS and DOJ to issue regulations that would dramatically alter how asylum seekers obtain protection in the United States and dilute their rights during that process.
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Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a split en banc decision, the BIA held that where a notice to appear does not specify the time and place of an individual’s initial removal hearing, the subsequent service of a notice of hearing containing that information “perfects” the deficient notice to appear and triggers the “stop-time” rule. The BIA thus remanded to the immigration judge to consider whether the individuals have met their burden to demonstrate 10 years of continuous physical presence in the United States measured backward from service of the notices of hearing.
Filed under: best deportation attorney | Tagged: notice to appear, NTA, stop-time real | Leave a comment »
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