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.
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.
The new orders will weaken America. It makes the world look at America as the opposite of a welcoming country. It isolates America.
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.
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.
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.
Posted on December 7, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Fourteen states and four governors filed a complaint in the U.S. District Court for the Southern District of Texas seeking declaratory and injunctive relief, alleging that the Obama Administration’s executive actions on immigration violate the Constitution’s Take Care Clause and that DHS failed to follow the APA rule-making process before moving to implement the president’s order. The lawsuit further states that the action will “trigger a new wave of undocumented immigration” and that DACA “led directly to a flood of immigration across the Texas-Mexico border.”
Posted on October 30, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An I-140 Multi-National Manager petition approved for Client from Egypt who is the majority owner of a small health care and medical supply business. Client is in E-2 status (also prepared by our office) and can now adjust status to get permanent residency.
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