Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A Transactional Records Access Clearing House (TRAC) report finds that detainer use by Immigration and Customs Enforcement (ICE) has declined, with the latest data showing that ICE issued 7,993 detainers in April 2015—30% fewer than in October 2014. However, according to the data, only 32% of individuals on whom detainers were placed during April 2015 had been convicted of a crime, and only 19% had a felony conviction. Fully two-thirds had no criminal conviction of any type, in sharp contrast to ICE’s announced plan to detain only individuals who have been “convicted of specifically enumerated [serious] crimes.
Filed under: Immigration Attorney | Tagged: detainer, Detention, ICE, immigration and customs enforcement, Immigration Crimes | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it has altered the process for paying the USCIS Immigrant Fee through its electronic immigration system (ELIS). USCIS stated that the revised payment process reduces the amount of information that an immigrant must provide, and permits anyone, including a family member, friend, employer, attorney, or accredited representative, to pay the fee, as long as he or she has the immigrant’s Alien Registration Number (A-Number) and DOS Case ID
Filed under: Immigration Attorney | Tagged: attorney fees, ELIS, fees, USCIS | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Sued immigration in federal court because client’s adjustment of status application was pending for over 1 year. Application was approved within 60 days of filing lawsuit. Client is now a permanent resident and can travel freely to the Philippines to vist family he has not seen in over 20 years.
Filed under: Immigration Attorney | Tagged: Adjustment of Status, AOS, sue immigration, writ of mandate | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
1994 felony forgery conviction reduced to a misdemeanor and expunged despite the DA’s opposition and despite the fact that client had a warrant for his arrest for over 6 years. Client can now apply for his green card based on his marriage to a U.S. citizen.
Filed under: Immigration Attorney | Tagged: aggravated felony, criminal relief, expunged, expungement, felony conviction, Immigration Crimes, motion to vacate | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
$10,000 bond granted for client whose case was recently denied by the Immigration Judge and who has a 2013 conviction for trafficking 50-100 kilos of cocaine.
Filed under: Immigration Attorney | Tagged: bond, bond motion, cocain trafficking, drug charge, immigration detention | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Prosecutorial discretion granted and deportation case administratively closed for client with 10+ years in the United States but no immediate relatives, no documented employment history or tax filings and several vehicle code arrests/convictions. Client can now remain in the U.S. legally in hope of immigration reform in the future.
Filed under: Immigration Attorney | Tagged: pd, prosecutorial discretion, win | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Naturalization application approved for permanent resident with 3 DUIs and a drug conviction.
Filed under: Immigration Attorney | Tagged: Citizenship, Naturalization, win | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the Center Director’s prevailing wage determination, finding that, pursuant to 20 CFR §656.40, an otherwise qualifying employer-provided survey cannot be rejected based on the absence of an arithmetic mean wage.
Filed under: Immigration Attorney | Tagged: BALCA, Board of Alien Labor Certification Appeals (BALCA), PERM, Prevailing Wage | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for adjustment of status.
Filed under: Immigration Attorney | Tagged: adjument of status, AOS, claim to US Citizenship, false claim to US Citizenship, I-9, i9, USCIS | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed the Board of Immigration Appeals’ denial of the petitioner’s adjustment of status application, finding that the petitioner reasonably relied on Acosta v. Gonzales, which was the law of the circuit in effect at the time he applied to adjust status, but which was later overruled by Garfias-Rodriguez v. Holder. The court held that the BIA’s decision in Matter of Briones should not be applied retroactively to bar the petitioner’s application, because the petitioner’s reliance interests and the burden that retroactivity would impose on him outweighed the interest in uniform application of the immigration laws.
Filed under: Immigration Attorney | Tagged: 245(i), 9th circuit, briones, Illegal Reentry, ninth circuit | Leave a comment »
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