Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in the New York Times discusses ICE’s use of ankle monitors as a condition of release for women detained in family detention centers. According to the article, federal officials say that using ankle monitors is an economical alternative to detention. Advocates, however, argue that the monitors are stigmatizing as well as unnecessary.
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Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS has rolled out three changes to E-Verify,, including an update intended to make it easier for E-Verify to confirm that employment authorization has been automatically extended for Temporary Protected Status (TPS) beneficiaries, a redesign of the case details page, and an update to Further Action Notices and Tentative Nonconfirmation (TNC) e-mails.
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Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Politico reports that newly released government records show that, from mid-July 2014 through August 31, 2015, immigration judges issued nearly 2,800 removal orders for child migrants from Central America who were afforded no defense lawyer and only a single hearing. In at least 40 percent of those cases, the defendant was 16 years old or younger, and at least 392 children were 14 or younger. The article quotes AILA
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Filed under: Immigration Attorney | Tagged: central american asylum, child asylum, child deportation, IJ | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Tenth Circuit followed Matter of Strydom, holding that violation of an order prohibiting contact with a potential victim satisfies the requirements of INA §237(a)(2)(E)(ii), which provides that a permanent resident is removable if he or she “violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury.” Accordingly, the court found that the permanent resident petitioner was removable under the statute.
Filed under: Immigration Attorney, removeability | Tagged: deportability, protective order, removability | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in Marketplace reports that the White House is warning Congress that President Obama would veto a bill that calls for additional background checks on Syrian refugees. The administration noted that there are already stringent background checks for refugees, and that more would only cause unnecessary delays.
Filed under: asylum, Immigration Attorney | Tagged: asylum, denial of admission, refugee, syrian refugee | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Tenth Circuit denied the petition for review, rejecting the petitioner’s claim that the BIA violated his due process rights by relying on evidence from written reports prepared by immigration officers and other written materials contained in the agency’s files to determine that he had entered into a sham marriage in order to obtain lawful permanent resident status.
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Posted on November 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of GARCIA-RAMIREZ, 26 I&N Dec. 674 (BIA 2015)
(1) Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien’s continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(A) (2012), in the absence of evidence that he or she was informed of and waived the right to such a hearing, regardless of whether the encounter occurred at or near the border. Matter of Avilez, 23 I&N Dec. 799 (BIA 2005), clarified.
(2) Evidence that an alien who had the right to a hearing before an Immigration Judge was fingerprinted and/or photographed before being allowed to voluntarily depart is not enough, in itself, to demonstrate a waiver of the right to a hearing or to show a process of sufficient formality to break continuous physical presence. Matter of Castrejon-Colino, 26 I&N Dec. 667 (BIA 2015), followed.
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