http://ow.ly/tckQk News on detainee rights from ICE. Under a proposed settlement of a class-action lawsuit, ICE agreed to avoid shackling detainees at the San Francisco, CA immigration court at bond or merits hearings unless they pose a safety threat or risk of escape.
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http://ow.ly/ttaWa The EB-5 Visa, transferring money and international conversion rates
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http://ow.ly/tckLs Movement if client was in a gang. The court reversed the BIA, and held that the particular social group of former MS-13 members who have renounced their gang membership is immutable for withholding of removal purposes.
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The Sixth Circuit reversed the BIA’s holding that the petitioner was bound to the concession of removability made by his prior attorney, reversed the IJ’s finding that the petitioner was removable, and remanded for the BIA to decide whether the offense of felonious assault under Michigan law is a crime involving moral turpitude.
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http://ow.ly/tckw7 More on Immigration Reform possible. According to The New York Times, the House Republican leadership’s outline of immigration principles will call for a path to legal status, but not citizenship, for many of the 11 million adult undocumented immigrants in this country. For immigrants brought to the U.S. as children, however, Republicans would offer a path to citizenship.
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http://ow.ly/tckt9 H-2B cap almost reached. As of January 24, 2014, USCIS receipted 25,477 beneficiaries toward the 33,000 H-2B cap for the first half of FY2014. This count includes 19,253 approved and 6,224 pending beneficiaries. Information for the second half of the FY2014 H-2B cap is also included.
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http://ow.ly/tckl3 Trying to get an orphan here? A recent change to the definition of “orphan,” such that both parents no longer need to travel prior to or during the adoption in order for the child to obtain automatic U.S. citizenship upon entry on an IR-3 visa.
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http://ow.ly/tckgf Immigration Reform possibly coming. House Minority Leader Nancy Pelosi said she spoke with House Speaker John Boehner about the Republican immigration principles, and she believes they are a “good faith effort to find common ground” among Republicans and Democrats.
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House Republicans released their standards for immigration reform, which emphasize border enforcement while reforming the legal immigration system, and addressing the undocumented immigrant population. http://ow.ly/tcjTX
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http://ow.ly/tckal Make sure if the plea gets vacated – it is done correctly. The Ninth Circuit found the BIA did not violate petitioner’s due process rights when it used the guilty plea from an overturned conviction to find petitioner removable under INA §212(a)(2)(C)(i), because the reason for overturning the conviction was unrelated to the voluntariness of the plea.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 