Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

http://youtu.be/v54k9q2Urbo The Walsh Waiver and New Caselaw making it more difficult – but not impossible.

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http://ow.ly/xxAIY What to do after the Green Card and USC? Get a Trust and Will and protect your family.

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http://ow.ly/xlWAk Section 402(a)(2) of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, 622, which bars the approval of a family-based visa petition filed by a petitioner who has been convicted of a “specified offense against a minor” and has not shown that he poses “no risk” to the beneficiary, does not have an impermissible retroactive effect when applied to convictions that occurred before its enactment.

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http://ow.ly/xlVRo (1) In a visa petition case involving the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, the petitioner bears the burden of proving that he has not been convicted of a “specified offense against a minor.”

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http://ow.ly/xlVmp In adjudicating cases involving the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, the Board of Immigration Appeals lacks jurisdiction to review a “no risk” determination by the United States Citizenship and Immigration Services, including the appropriate standard of proof to be applied.

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http://ow.ly/xlNq4 BIA reversed the IJ and found that respondent’s 1995 aggravated felony burglary conviction did not bar him from §212(c) relief where his entire ten year sentence was probated.

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http://ow.ly/x1qOp The Ninth Circuit joined the Sixth, Seventh, and Eleventh Circuits in holding that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 CFR §1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances.

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http://ow.ly/x1rqN Communities
The Washington Post reports that earlier this week, DHS Secretary Jeh Johnson told police chiefs at a White House meeting that the Obama administration is likely to overhaul Secure Communities, which pairs local law-enforcement agencies with federal authorities to identify undocumented immigrants for removal.

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http://ow.ly/x1qiR the Eleventh Circuit vacated and remanded, holding that the BIA ignored the petitioner’s legal argument that he was eligible for §212(c) relief and was prejudiced by his counsel’s failure to file additional documents before the court’s deadline

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http://ow.ly/x1pKi The Santa Cruz Sentinel reports that Santa Cruz County, California will no longer hold an individual solely on an ICE detainer request, which will effectively end the county’s participation in the Secure Communities program.

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