Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CBP released statistics on apprehensions at the southwest border between October 1, 2014, and June 1, 2015. According to the data, apprehensions of unaccompanied children to date in FY2015 are 51% less than the same period in FY2014, and apprehensions of family units are down 47% from the same period last year.
Filed under: Immigration Attorney | Tagged: apprehension at the border, entry into the U.S., illegal aliens, unaccompanied minors | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the BIA reaffirmed Matter of Reza, holding that the respondent did not meet the statutory seven-year residency requirement, because acceptance into the Family Unity Program (FUP) does not constitute an admission into the United States under INA §101(a)(13)(A). Likewise, the Ninth Circuit denied a petition for review, deferring to the BIA’s decision in Matter of Reza that a grant of FUP benefits is not an admission to the U.S. for cancellation of removal purposes.
Filed under: Immigration Attorney | Tagged: admission, Family Unity | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal
The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.
Filed under: Immigration Attorney | Tagged: controlled substance, drug crime, drug offense, removability, Removal | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. Supreme Court yesterday left in place last year’s Ninth Circuit decision to strike down a 2006 Arizona law that denied bail to undocumented immigrants charged with “serious” felonies. Six members of the Supreme Court declined to hear an appeal from Arizona Sherriff Joseph Arpaio to reinstate the Arizona law, overruling three of the more conservative members of the Court—Justices Clarence Thomas, Antonin Scalia and Samuel Alito—who said they would have heard the case.
Filed under: Immigration Attorney | Tagged: arizona, arizona immigration, undocumented immigrants | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS extended the designation of Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2015, through March 17, 2017. The 60-day re-registration period runs from June 1, 2015, through July 31, 2015.
Filed under: Immigration Attorney | Tagged: somalia, Temporary Protected Status (TPS) | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
June 1, 2015, USCIS began accepting only the new version of Form I-907, Request for Premium Processing Service, with an edition date of January 29, 2015. Previous editions of the form submitted on or after June 1, 2015, will be rejected.
Filed under: Immigration Attorney | Tagged: premium processing | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit granted the petition for review, holding that a wave-through at a port of entry is an “admission in any status” under 8 USC §1229b(a)(2), and that the petitioner, a lawful permanent resident, was thus eligible for cancellation of removal.
Filed under: Immigration Attorney | Tagged: admission, border patrol, port of entry, wave through, waved through | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the CO’s denial for failure to provide a sufficient explanation for rejecting eight U.S. applicants, noting that 20 CFR §656.17(g)(1) “does not indicate a level of specificity beyond what the Employer provided.”
Filed under: Immigration Attorney | Tagged: employment based immigration, experience, I-140, i140, Labor Certification, PERM | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- The Ninth Circuit granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, and also permits a conviction for a consensual taking.
Filed under: Immigration Attorney | Tagged: #aggrvated felony, aggravated felony, grand theft, ninth circuit | Leave a comment »