Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit held that the BIA misapplied the U.S. Supreme Court’s decision in Moncrieffe v. Holder when it characterized the petitioner’s conviction under ILCS §550/5(d) for possessing more than 30 but not more than 500 grams of marijuana as an aggravated felony, finding that nothing in Moncrieffe supports the conclusion that the possession of a little more than 30 grams of marijuana can never be punished as a federal misdemeanor. Accordingly, the court granted the petition for review and remanded to give the BIA the opportunity to decide whether to exercise its discretion to grant cancellation of removal.
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Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
All employers in the U.S. must now use new Form I-9 starting Sept 18, 2017
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Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Clarifying Matter of C-J-H-, the BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. The BIA further held that the restrictions on removal in INA §208(c)(1)(A) do not apply to a noncitizen granted asylum whose status is adjusted to that of a noncitizen lawfully admitted for permanent residence pursuant to INA §209(b).
Filed under: best deportation attorney | Tagged: asylee, asylum, BIA, board of immigration appeals, lawful permanent resident, LPR | Leave a comment »
Posted on August 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Huffington Post reports that Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced a bill last week that would bar immigrants from bringing almost anyone but their spouses and minor children to the United States, cutting legal immigration per year by half. Latino and Asian Americans, who are more likely to be recent immigrants with family living abroad, would be disproportionately affected by this change. The bill would also eliminate diversity visas, which many recent African nationals rely on as their only option for immigrating to the United States. The bill also intends to cap refugee resettlement at 50,000 people per year.
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Posted on August 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, holding that the BIA abused its discretion in denying the petitioner’s motion to reopen removal proceedings to apply for protection under the Convention Against Torture (CAT), because it disregarded or discredited undisputed new evidence submitted by the petitioner regarding increased violence toward homosexuals in Ethiopia, including reports of violence by both the government and private citizens.
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Posted on August 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS issued revised guidance in response to the U.S. District Court for the District of Hawaii’s ruling on July 13, 2017, regarding the definition of “close familial relationship.” In addition to what was previously defined under U.S. government guidance as “parent (including parent-in-law), spouse, fiancé, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half, and including step relationships,” the District Court in Hawaii ruled that “close family” in Executive Order (EO) 13780 also includes “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunt and uncles, nephews and nieces, and cousins.”
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Posted on August 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that the House of Representatives has passed a $788 billion spending bill that combines a $1.6 billion down payment for President Trump’s controversial border wall with a huge budget increase for the Pentagon. Significant hurdles remain in front of the measure, which will encounter more powerful Democratic opposition in the Senate. In addition, a potential government shutdown battle over the border wall looms this fall, and the increase in defense spending runs afoul of strict spending limits set by an earlier budget law.
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Posted on August 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Yesterday, the U.S. District Court for the Western District of Washington converted its temporary restraining order (TRO) into a preliminary injunction, which prohibits the enforcement of 8 CFR §1003.102(t) against Northwest Immigrant Rights Project (NWIRP) and other nonprofit organizations who self-identify and disclose their assistance on pro se filings. The court had issued a nationwide TRO on May 17, 2017, enjoining EOIR from enforcing a cease-and-desist letter ordering NWIRP not to provide immigrants with any legal assistance in connection with matters before EOIR without entering Form EOIR-28, and from issuing such letters to other organizations.
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Posted on August 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS is authorized to issue Notices to Appear (NTAs) under INA §§103(a), 239(a) and 8 CFR §§2.1, 239.1.
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Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA dismissed the petitioner’s appeal, holding that an offense may be a “specified offense against a minor” within the meaning of section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006, even if it involved an undercover police officer posing as a minor, rather than an actual minor. Thus, the BIA found that the petitioner, who was convicted of computer-aided solicitation of a minor in Louisiana after he communicated via the internet with an individual who he believed was a 14-year-old girl but was actually an undercover police officer, was barred from obtaining an approved visa petition by the provisions of the Adam Walsh Act.
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