Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Pereira v. Sessions, __ U.S. __, 138 S. Ct. 2105 (2018), the U.S. Supreme Court held that service of a putative charging document that does not specify the time and place of removal proceedings does not meet the statutory definition of a Notice to Appear (NTA) under 8 U.S.C. § 1229(a) and, therefore, does not cut off a noncitizen’s ability to accrue the time in the United States required to qualify for cancellation of removal. Although the government is attempting to cabin the ruling’s impact to the cancellation of removal context, practitioners can apply the rationale underlying the Court’s interpretation of § 1229(a) to a wider variety of challenges. Furthermore, practitioners can file motions to reconsider and/or reopen prior removal orders predicated on defective NTAs within 30 to 90 days of the decision or as soon as practicable after learning of the decision.
Filed under: best deportation attorney | Tagged: motion to reconsider, motion to reopen, notice to appear, NTA, Pereira | Leave a comment »
Posted on July 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit vacated the BIA’s order dismissing the petitioner’s appeal and remanded, finding that because the Ecuadorian asylum applicant was a minor at time of mistreatment, the immigration judge and BIA should have taken a child-specific analysis.
Filed under: best deportation attorney | Tagged: asylum, minor, Past Persecution | 1 Comment »
Posted on July 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
New case showing that helping under duress is a defense (1) An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature. (2) To meet the minimum threshold requirements of the duress defense to the persecutor bar, an applicant must establish by a preponderance of the evidence that (1) he acted under an imminent threat of death or serious bodily injury to himself or others; (2) he reasonably believed that the threatened harm would be carried out unless he acted or refrained from acting; (3) he had no reasonable opportunity to escape or otherwise frustrate the threat; (4) he did not place himself in a situation in which he knew or reasonably should have known that he would likely be forced to act or refrain from acting; and (5) he knew or reasonably should have known that the harm he inflicted was not greater than the threatened harm to himself or others.
Filed under: best deportation attorney | Tagged: asylum, duress, material support, persecution | Leave a comment »
Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS confirmed that it is no longer accepting service requests for I-765 applications that have been pending for more than 75 days unless the applications are outside of USCIS’s posted processing times.1:06 AM
Filed under: best deportation attorney | Tagged: I-765, late work permit, service center, USCIS, Work Permit | Leave a comment »
Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain their status through the termination date of January 5, 2020, must re-register between June 5 and August 6, 2018. Re-registration procedures were published today in the Federal Register.1:03 AM
Filed under: best deportation attorney | Tagged: honduran tps, temorary protected status, TPS | Leave a comment »
Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Attorney General Jeff Sessions announced that DOJ is allocating 311 new Assistant United States Attorneys to assist in priority areas, including 35 additional immigration prosecutors. This is the largest increase of new Assistant U.S. Attorneys in decades.1:02 AM
Filed under: best deportation attorney | Tagged: department of justice, DOJ, immigration prosecution, u.s. attorneys | Leave a comment »
Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
H-2B visas available under the FY2018 supplemental cap, following yesterday’s announcement from USCIS that it will conduct a lottery to randomly select the number of petitions required to meet the increased FY2018 cap from H-2B cap-subject petitions received between May 31 and June 6, 2018 is already exhausted12:55 AM
Filed under: best deportation attorney | Tagged: H-2B, h2b, temporary work visa | Leave a comment »
Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a decision published recently, the BIA remanded the record to the immigration judge for entry of a new decision after finding that the respondent afforded material support to the guerillas in El Salvador in 1990 because the forced labor she provided in the form of cooking, cleaning, and washing their clothes aided them in continuing their mission of armed and violent opposition to the Salvadoran government.12:54 AM
Filed under: best deportation attorney | Tagged: asylum, asylum attorney, material support bar | Leave a comment »
Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit granted the petitions for review after finding that immigration judges and the BIA erred by substantially relying on the fact that applicants for asylum and related relief testified during removal proceedings to certain details not included in their initial applications.12:37 AM
Filed under: best deportation attorney | Tagged: 2nd circuit, asylum, i-589, omission | Leave a comment »
Posted on June 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS reminded F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level automatically terminates their OPT, as well as their corresponding employment authorization document (EAD). USCIS will begin to enter the EAD termination date into its newly updated systems after receiving the information from ICE’s Student and Exchange Visitor Program (SEVP).1:46 AM
Filed under: best deportation attorney | Tagged: f-1, opt, optional practical training, USCIS | Leave a comment »
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