Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit vacated the Board of Immigration Appeals’ order denying the petitioner’s asylum claim and remanded for reconsideration of the credibility determination, finding that purported omissions and discrepancies upon which the Immigration Judge based an adverse credibility determination were consistently present in the record.
Filed under: Immigration Attorney | Tagged: Adverse Credibility, asylum, BIA, board of immigration appeals, first cirucit, Immigration Judges | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the denial, finding that the omission of a Spanish language requirement in the Notice of Filing (NOF) was not by itself fatal to the application where the overall text of the NOF was sufficient to apprise U.S. workers of the job opportunity.
Filed under: Immigration Attorney | Tagged: Board of Alien Labor Certification Appeals (BALCA), employment petition, nof, notice of findings | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports on the recent First Circuit decision in a lawsuit alleging Fourth Amendment violations, finding that federal immigration authorities must have probable cause to issue an immigration detainer. The ruling affirmed last year’s decision by a federal judge in Rhode Island, who denied summary judgment on the basis of qualified immunity to an ICE agent and his supervisors who allegedly detained the naturalized U.S. citizen plaintiff in 2009 without probable cause.
Filed under: Immigration Attorney | Tagged: detainer, fourth amendment, immigration detainer, probable cause | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A USCIS policy memo provides final guidance on when a petitioner is required to file an amended or new H-1B petition following the Administrative Appeals Office (AAO) precedent decision in Matter of Simeio Solutions, LLC. The memo includes information on how to become compliant with Simeio, and USCIS states that it will consider filings for changes in the place of employment that occurred on or before the Simeio decision to be timely during a safe harbor period, which runs until January 16, 2015.
Filed under: Immigration Attorney | Tagged: #amend h-1b, amend h1b, h1b, USCIS | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Third Circuit upheld the BIA’s decision and denied the petition for review, finding that an immigrant who is admitted as a lawful permanent resident on a conditional basis (“conditional LPR”) qualifies as “an alien lawfully admitted for permanent residence” for purposes of the aggravated felony bar under INA §212(h).
Filed under: Immigration Attorney | Tagged: 212(h), admitted to US, aggravated felony, aggravated felony bar, LPR | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A Transactional Records Access Clearing House (TRAC) report found that the most recent data tracking the processing of “women with children” cases showed that the odds of being deported decreased by more than fourteen-fold when the women and children had legal representation in immigration court. Of the 12,266 such closed cases as of June 2015, only 2.3% without representation were allowed to remain in the United States, with the immigration judge issuing a deportation order 97.7% of the time. In contrast, for the 2,003 “women with children” cases with representation, 32.9% were allowed to remain in the country, with 67.1% receiving a deportation order. Interested in getting involved?
Filed under: Immigration Attorney | Tagged: Deportation | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit affirmed the Board of Immigration Appeals’ denial of the petition for review, finding that INA §241(a)(5)’s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum.
Filed under: Immigration Attorney | Tagged: asylum, fifth circuit, Illegal Reentry, reinstated removal order, removal order | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Judge Dolly Gee in Flores v. Johnson that should signal the end of the mass incarceration of children and mothers seeking asylum in the United States. Judge Gee found that the government materially breached the Flores settlement agreement, which requires that children in temporary custody be housed in safe, sanitary, non-secure, and licensed facilities. She granted the plaintiffs’ motion to enforce the agreement, and ordered the government to show cause why children and their accompanying parents should not be released.
Filed under: Immigration Attorney | Tagged: Detention, flores, mothers children in detention | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in the Washington Post discusses the challenges that the Department of Homeland Security is encountering as it rolls out the new Priority Enforcement Program (PEP)—the replacement for the discontinued Secure Communities program—under which DHS will seek to be notified by law enforcement before an undocumented immigrant is released from custody.
Filed under: Immigration Attorney | Tagged: Deportation, pep | Leave a comment »
Posted on August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that, starting today, it will resume accepting Form I-907, Request for Premium Processing Service (with an edition date of January 29, 2015), for all H-1B extension of stay petitions. Premium processing for H-1B extensions had been suspended since May 26, 2015, so that USCIS could implement the final rule providing employment authorization for certain H-4 spouses in a timely manner. USCIS clarified that it will accept an I-907 premium processing request on any H-1B extension petition, including pending petitions filed during the premium processing moratorium. If an I-907 was filed and/or received by USCIS prior to July 13, 2015, it will be rejected.
Filed under: Immigration Attorney | Tagged: H-1B, h1b, premium processing | Leave a comment »
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