Posted on March 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit granted the petition for review and remanded to the Board of Immigration Appeal (BIA), finding that the Immigration Judge and the BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel because of an unpaid drug debt and had informed against the cartel to the FBI and the DEA, was not entitled to deferral of removal under the Convention Against Torture (CAT).
Posted on March 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Sixth Circuit denied the petition for review of the application for withholding of removal, holding that the Mexican petitioner’s proposed social group—”persons who are perceived to have money or access to money due to having spent a significant amount of time in and having familial ties to the United States”—was not cognizable under the INA.
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Sometimes fighting in Court as to whether you are a U.S. Citizen is not nearly as easy as it might seem.
The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en banc court affirmed the district court’s determination that the petitioner is not a United States citizen, and is thus deportable.
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CBP announced that it will begin testing new biometric technology at the Otay Mesa pedestrian crossing. The project will be deployed in two phases. Starting today, certain non-U.S. citizens entering the United States in the pedestrian lanes will utilize new kiosks equipped with biometric capture technology to provide a facial photograph and iris images. The second phase of testing will begin in February 2016, with everyone departing the United States providing biographic data similar to the information provided when departing by air. Certain non-U.S. citizens will also provide their biometrics upon departure during this phase. The testing will run through June 2016.
Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit affirmed the district court’s dismissal, holding that the court lacked jurisdiction to consider whether USCIS failed to comply with disclosure requirements under 8 CFR §103.2(b)(16) when it revoked the plaintiff-beneficiary’s I-140 petition. The court also held that the plaintiff could not port his I-140 to subsequent employers, because the I-140 was not valid to begin with, as USCIS found numerous deficiencies in the petition submitted by the original employer. The court thus found that the plaintiff was not statutorily eligible to adjust status.
Posted on January 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Cancellation of Removal application approved for 20-year-old client with a federal felony conviction for manufacturing explosives materials. Our office was able to reach an agreement with the Department of Homeland Security and our client’s application was approved without the need for any testimony and Client was released from custody after only two hearings, just in time for the holidays.