Posted on February 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Aligning the Department’s Privacy Policies with the Law. The Department will no longer afford Privacy Act rights and protections to persons who are neither U.S. citizens nor lawful permanent residents. This is one area that is highly questionable. The DHS Secretary cannot simply state that a person who is not a resident or citizen will no longer have privacy rights. He does not have the authority to contradict the U.S. Constitution
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Posted on February 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fourth Circuit granted the petition for review and remanded, holding that while the BIA properly reviewed the IJ’s credibility determination and findings of fact for clear error only, it should have reviewed de novo the IJ’s ultimate legal judgment that the undisputed facts and credited evidence did not meet the good faith marriage standard of INA §216(c)(4)(B).
Filed under: best deportation attorney | Tagged: bona fide marriage, de novo review, good faith marriage, Petition for Review | Leave a comment »
Posted on February 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On February 21, 2017, Attorney General Jeff Sessions issued a memo to the Federal Bureau of Prisons (BOP) rescinding former Deputy Attorney General Sally Yates’ August 18, 2016, memo entitled “Reducing Our Use of Private Prisons,” which aimed to sharply scale back DOJ’s use of private prison contractors in the federal prison system. The memo from Sessions eliminates the review of private prison contracts at the end of their term, and directs the BOP to return to its previous approach with regard to the use of private prisons.
Filed under: best deportation attorney | Tagged: Detention, DOJ, prisons | Leave a comment »
Posted on February 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As with the other parts of the memo, it is wide open, vague and ambiguous. States officers can arrest and detain if ‘probable cause’, but there is no definition as to how it defines this term and under what conditions.
No more excluding any classes from prosecutorial discretion. Thus, it seems wide open to try to get as many foreign nationals as possible.
Be prepared to fight in Court.
Filed under: best deportation attorney | Tagged: dhs memo, executive order, prosecutorial discretion, trump | 1 Comment »
Posted on February 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DHS memo seems to now want to greatly expand expedited removal of foreign nationals.
The memo goes on to State that local and State enforcement officers need to enforce U.S. Immigration Laws
There will certainly be a wide variety of lawsuits on this memo because it is vague, ambiguous and far too broad and puts persons who are not removable under the law into its net.
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Posted on February 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
All prior enforcement memos are rescinded except those dealing with issues when children were brought to the U.s.
No longer are certain foreign nationals exempted from enforcement.
The memo seems to now prioritize removability actions against those persons with crimes and fraud
The new priorities (which may be able to be fought in Court) are 1. those convicted of ANY criminal offense, 2. charged but not convicted, 3. committed acts which constitute a criminal offense, but no arrest or conviction, 4. committed fraud against the government, 5) abused any program to receive public benefits, 6) subject to final order of removal or 7) are deemed by an immigration officer to be a risk to public safety
Essentially – it leaves WIDE OPEN interpretation and attempts to remove foreign nationals who do not have removable offenses under the law.
Filed under: best deportation attorney | Tagged: Deportation, dhs memo, executive order, trump | Leave a comment »
Posted on February 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Department of Justice indicated in a February 16, 2017 court filing that President Trump intends to rescind the January 27, 2017 Executive Order and issue a new order in its place. DOJ urged the court to “hold its consideration of the case until the President issues the new Order,” and the Ninth Circuit subsequently issued an order staying en banc proceedings, pending further order of the court. In a February 16, 2017 news conference, President Trump also stated that he plans to issue a new Executive Order on immigration next week to “protect our country.”
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Posted on February 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In response to Trump’s January 27, 2017, Executive Order (EO), attorneys and advocacy groups across the country filed lawsuits in federal court this weekend on behalf of petitioners who were denied entry to the United States pursuant to the EO. First, a court in New York issued a nationwide, emergency stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the EO. Going a bit further, a court in Massachusetts barred federal officials from detaining or removing individuals subject to the EO. Also, a court in Virginia ordered federal officials to provide lawyers access to “all legal permanent residents being detained at Dulles International Airport,” and barred officials from deporting covered individuals for the next seven days. Finally, a court in Washington State barred the government from deporting two unnamed individuals from the United States.
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Posted on February 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A broad range of voices, including government officials, academic institutions, faith leaders, and civil rights groups, have expressed their opposition to President Trump’s January 27, 2017, Executive Order targeting Muslims and refugees. Notably, consular officials, Foreign Service Officers, and members of the Civil Service released a dissent memo. In addition, former cabinet secretaries, senior government officials, diplomats, military service members, and intelligence community professionals sent a letter to DHS Secretary John Kelly and other government officials opposing the EO.
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Posted on February 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Yesterday, the American Immigration Council, along with Northwest Immigrant Rights Project and the National Immigration Project of the National Lawyers Guild, filed a class action lawsuit in the U.S. District Court for the Western District of Washington, arguing that Section 3 of the EO violates the Constitution’s guarantee of equal protection under the law and INA §202(a)(1), which expressly provides for the non-discriminatory issuance of immigrant visas.
Filed under: best deportation attorney | Tagged: equal protection, executive order, trump | Leave a comment »
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