Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR supplemented its January 17, 2018, memo, Case Priorities and Immigration Court Performance Measures by announcing the tracking and expedition of “family unit” cases at ten immigration court locations. EOIR further supplemented the January memo by heightening the bar for overcoming a 180-day adjudication window, stating that for an immigration judge to grant a continuance resulting in an asylum case taking longer than 180 days to adjudicate, a respondent must satisfy the good-cause standard and show exceptional circumstances.
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Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA dismissed the appeal and found respondent was inadmissible due to her likelihood of becoming a public charge, stating that even though the respondent divorced, she was required to provide an affidavit of support from her former husband.
Filed under: best deportation attorney | Tagged: Affidavit of Support, BIA, board of immigration appeals, Public Charge | Leave a comment »
Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DOL Office of Foreign Labor Certification (OFLC) issued guidance regarding California wildfires, stating that extensions will be granted for issues that arise from disaster-related conditions, including delays caused as a result of the disaster.
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Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An autopsy released yesterday shows that Roxsana Hernández, a Honduran trans woman who died in ICE custody, was likely physically abused at a privately operated ICE detention center before she died of untreated dehydration. ICE announced yesterday that Mergensana Amar, a Russian man who attempted suicide at an ICE detention center earlier this month, passed away on Saturday after he was removed from life support.
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Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Wilder Maldonado, who was separated from his father at the border and is facing immigration proceedings alone. ICYMI, the LA Times Published Published an op-ed earlier this week by a former DOJ employee about why he resigned from his position at the Los Angeles immigration court. Gianfranco de Girolamo writes, “I couldn’t stand by, or be complicit in, a mean-spirited and unscrupulous campaign to undermine the everyday work of the Justice Department and the judges who serve in our immigration courts — a campaign that hurts many of my fellow immigrants in the process
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Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The city of Baltimore filed a lawsuit in federal district court challenging a change made by DOS to the Foreign Affairs Manual (FAM) in January 2018 which expanded the scope of the FAM’s “public charge” provision. The complaint asks the court to vacate the FAM change due to it being “arbitrary and capricious, procedurally infirm, and unconstitutional.”
Filed under: best deportation attorney | Tagged: arbitrary and capricious, fam, Foreign Affairs Manual, Public Charge | Leave a comment »
Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The 9th Circuit just ruled that it was unlawful for Trump to deny Central Americans into the U.S. to apply for asylum and cannot unilaterally stop asylum laws.
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Posted on October 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a reminder that F-1 students who have an H-1B petition that remains pending on October 1, 2018, risk accruing unlawful presence if they continue to work on or after October 1, 2018, unless otherwise authorized to continue employment, as their “cap-gap” work authorization is only valid through September 30, 2018. See AILA’s practice pointer on this topic for more information.
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Posted on October 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USA Today reports on an unannounced inspection of the Adelanto ICE Processing Center, operated by the GEO Group. In its report, the DHS Office of the Inspector General identified serious violations, including improper use of disciplinary segregation, guards ignoring the presence of more than a dozen nooses fashioned out of bedsheets, and inadequate medical care.
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Posted on October 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for a foreign national’s state offense from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II) to a past conviction for a crime involving moral turpitude “for which a sentence of one year or longer may be imposed.”
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, cimt, cmt, crime involving moral turpitude | Leave a comment »
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