Posted on November 3, 2021 by sethlerner1964
The DOJ and DOL settlement agreements with Facebook regarding its use of PERM. Facebook will pay a civil penalty of $4.75 million, pay up to $9.5 million to eligible victims, and train its employees on the anti-discrimination requirements of the INA.
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Filed under: Department of Labor (DOL), DOJ, Immigration, permanent residency | Tagged: DOJ, facebook, FB, PERM, settlement | Leave a comment »
Posted on July 28, 2021 by sethlerner1964
The Hill reports Senator Joe Manchin (D-WV), a key moderate, said he supports including immigration provisions in a budget reconciliation bill, easing the path toward resolution on an issue that threatened to divide Democrats. As the most conservative Senate Democrat, Manchin’s support is critical to inclusion of any provision that ends up in the reconciliation bill. The budget reconciliation proposal, as currently funded, would include funding to grant a path to citizenship for millions of undocumented immigrants, including Dreamers, TPS beneficiaries, essential workers, and immigrant farmworkers.
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Filed under: DREAM Act, Immigration, Immigration Bill | Tagged: immigration budget deal, manchin, reconciliation | Leave a comment »
Posted on July 28, 2021 by sethlerner1964
Attorney General (AG) Garland ruled that, while rulemaking proceeds and except when a court of appeals has held otherwise, immigration judges and the BIA should apply the standard for administrative closure set out in Avetisyan and W—Y—U—. AILA Executive Director Ben Johnson welcomed “this return to a more effective and efficient immigration court system,” but also noted that “the necessity of this decision only underscores the need for a truly independent immigration court system.”
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Filed under: Case Denied, immigration and customs enforcement, immigration appeals, Immigration Attorney, Immigration Bill, immigration case, Immigration Court, Immigration Judges | Tagged: administrative closure, ag garland, Immigration Judges | Leave a comment »
Posted on July 1, 2021 by sethlerner1964
The Ninth Circuit held that immigration judges can reopen the cases of immigrants who have been removed from the U.S. or who voluntarily left. In its decision, the panel sided with a Mexican native who was removed in 1995 and asked an immigration judge to reopen his case sua sponte after he returned to the U.S. so he could apply for adjustment of status. The judge refused – and the BIA agreed – finding that a judge is blocked from taking sua sponte action because the migrant had left the country. However, the panel said that the departure bar does not apply to a sua sponte reopening of a case, but only limits motions to reopen. The panel has now joined a Circuit split on the issue, siding with the Tenth Circuit, and differing from the Second, Third, and Fifth Circuits.
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https://www.uscis.gov/citizenship
Filed under: alien, immigrants, immigration appeals, immigration applications, Immigration Attorney, immigration case | Tagged: Deported Cases, Immigration Judge, ninth circuit | Leave a comment »
Posted on March 21, 2021 by sethlerner1964
Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
During the recent hearing in the House Subcommittee on Immigration and Citizenship, Congresswoman Sheila Jackson Lee of Texas pointed out that the Executive Office for Immigration Review (EOIR) has been hiring immigration judges with no immigration experience. The immigration judge vacancy announcement does not list any immigration law experience as a requirement for the position. Out of 28 judges who were recently sworn in, 11 had no immigration law experience.
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Posted on September 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On September 24, 2017, President Trump issued a presidential proclamation, titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats,” establishing a new travel ban with visa restrictions on Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Restrictions vary between countries; DOS has provided information and a chart on the various levels of travel restrictions for nationals of the eight countries.
Filed under: Immigration | Tagged: ban, executive order, expanded ban, Immigration, Immigration Attorney, Immigration Lawyer, trump | Leave a comment »
Posted on September 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017)
(1) The primary consideration for an Immigration Judge in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed and be resolved on the merits. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), clarified.
(2) In considering administrative closure, an Immigration Judge cannot review whether an alien falls within the enforcement priorities of the Department of Homeland Security, which has exclusive jurisdiction over matters of prosecutorial discretion.
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Filed under: immigration case | Tagged: administrative closure, Immigration Court, termination | Leave a comment »
Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that the Ninth Circuit Court of Appeals ruled on Wednesday that two laws passed by Congress didn’t end the right to a bond hearing for unaccompanied immigrant children detained by federal authorities. The court said that immigrant children who cross the border without their parents have the right to a court hearing to challenge any decision to detain them instead of turning them over to family in the United States. The ruling is especially prescient since a reported tens of thousands of unaccompanied children fleeing gang and drug violence in Guatemala, Honduras, and El Salvador have entered the United States in recent years.
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Filed under: Immigration | Tagged: bond hearing, court hearing, detained children, Immigration, Immigration Attorney, Immigration Court, Immigration Lawyer | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review of the Board of Immigration Appeals’ decision, which found that the petitioner was inadmissible under INA §212(a)(3)(B) for having engaged in terrorist activity. The court held that the Board erred in failing to apply the clear error standard of review to the Immigration Judge’s finding that the petitioner lacked the “intent to endanger, directly or indirectly, the safety of one or more individuals” when he participated in planning an attempted coup against the Philippine government in 1989.
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Filed under: immigration case | Tagged: BIA, board of immigration appeals, filipino, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, Terrorist | Leave a comment »