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Answer: In this case, there is actually an unpublished case that allows this to go forward.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
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 »
Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit Court of Appeals granted the petition for review of the Board of Immigration Appeals’ decision and held that the petitioner’s conviction for fleeing from a police officer under California Vehicle Code §2800.2 was not categorically a crime involving moral turpitude (CIMT), because the conduct criminalized does not necessarily create the risk of harm that characterizes a CIMT. The court concluded by ruling that the petitioner was not statutorily ineligible for cancellation of removal.
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Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A memorandum dated February 21, 2017, obtained by ProPublica via FOIA, shows guidance ICE Enforcement and Removal Operations (ERO) officers received, stating that regardless of criminal histories, “ERO officers will take enforcement action against all removable aliens encountered in the course of their duties.” The memo also contains guidance on detention, stating that “the agency is currently expanding detention space to support the E.O.’s termination of ‘catch-and-release’ policies.” Additionally the memo discusses the use of parole and other release, the processing and treatment of unaccompanied children, and more. For more information, read this ProPublica article, “ICE Officers Told to Take Action Against All Undocumented Immigrants Encountered While on Duty.”
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Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The en banc court denied the petition for review, concluding that the petitioner was ineligible for cancellation of removal on the ground that he failed to establish good moral character because, during the requisite period, he had been a “habitual drunkard.” The court further held that the term “habitual drunkard” was not unconstitutionally vague, because it readily lends itself to an objective factual inquiry.
Filed under: best deportation attorney | Tagged: Cancellation of Removal, habitual drunkard, Immigration Court | Leave a comment »
Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The American Immigration Council, along with the Center for Constitutional Rights and Latham and Watkins, LLP, filed a class action lawsuit challenging U.S. Customs and Border Protection’s (CBP) unlawful practice of turning away asylum seekers who present themselves at ports of entry along the U.S. border with Mexico. The individual plaintiffs endured arduous journeys to the U.S. border, and their experiences demonstrate that CBP uses a variety of tactics to deny bona fide asylum seekers the opportunity to pursue their claims.
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Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eleventh Circuit granted the petition for review, finding that because the petitioner had not been confined in a prison but rather had been detained in a rebel-controlled trailer in the jungle, he did not willfully make a material misrepresentation on his application to adjust his status to that of a lawful permanent resident when he answered “no” to Question 17 on his application, and thus he was not removable under INA §237(a)(2)(A)(ii).
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Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a), rather than by INA §236(a). Thus, the court found that the petitioner was not entitled to a bond hearing. The court noted that its decision creates a circuit split with the Second Circuit’s decision in Guerra v. Shanahan.
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Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a memorandum dated July 31, 2017, Chief Immigration Judge MaryBeth Keller reminds Immigration Judges that in all situations in which a continuance is granted at a hearing, they must make the reason(s) for the adjournment clear on the record by stating the reasons orally or by setting forth in writing the reason(s) in an order. Further, the memo states that “it is critically important that Immigration Judges use continuances appropriately and only where warranted for good cause or by authority established by case law.”
Thus, continuances are harder to obtain now in Immigration Court
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