Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- In a precedent decision issued today, the BIA held that, in determining whether a noncitizen presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an IJ should consider both direct and circumstantial evidence of dangerousness, including whether the facts and circumstances present national security considerations. Accordingly, the BIA affirmed the IJ’s denial of the respondent’s request for release on bond, finding that he failed to show that, based on the totality of the facts and circumstances presented, he did not present a danger to the community pursuant to INA §236(a).
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Filed under: Immigration Attorney | Tagged: bond, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, syrian citizen | Leave a comment »
Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit denied a petition for review brought by a former Salvadoran professional soccer player and deputy to a Salvadoran congressman, holding that he was statutorily barred from asylum and withholding of removal relief under the serious nonpolitical crime bar, because there was probable cause to believe that he was complicit in the murders in Guatemala of three Salvadoran representatives to the Central American Parliament.
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Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
NBCNews reports that the Southern Poverty Law Center (SPLC) has filed a FOIA lawsuit against ICE to obtain the release of government records regarding arrests in early 2016 of Central American immigrants in Georgia, North Carolina, and Texas. SPLC believes the records will show how and why ICE pursued the 121 women and children who were arrested and placed in a Dilley, Texas, family detention center; all but 12 families were deported. “There are serious questions about whether ICE agents’ conduct during these raids violated the Constitution,” stated Lisa Graybill, Deputy Legal Director for SPLC. “We cannot allow ICE, the nation’s largest law enforcement agency, to avoid accountability and violate the federal law by withholding these records.”
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Filed under: Immigration Attorney | Tagged: Deportation, Detention, ICE | Leave a comment »
Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS extended the designation of Syria for Temporary Protected Status (TPS) for 18 months, from October 1, 2016, through March 31, 2018. The 60-day re-registration period will run from August 1, 2016, through September 30, 2016. DHS also redesignated Syria for TPS, allowing individuals who have been continuously residing in the United States since August 1, 2016, and have been continuously physically present in the United States since October 1, 2016, to apply for TPS. The 180-day initial registration period for new applicants will run from August 1, 2016, through January 30, 2017.
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Filed under: Immigration Attorney | Tagged: Syria, Temporary Protected Status (TPS), TPS | Leave a comment »
Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petitioners’ petitions for review, holding that the BIA erred in finding that their convictions for identity theft under California Penal Code §§530.5(a) and (d)(2) were categorically crimes involving moral turpitude, because violations of those subsections do not constitute fraud-based crimes, nor do they necessarily involve vile, base, or depraved conduct.
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https://californiaimmigration.us/waivers/criminal-waiver-of-inadmissibility-prepared-by-deportation-law/
Filed under: Immigration Attorney | Tagged: cimt, crime of moral turpitude, identity fraud, theft | Leave a comment »
Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On March 9, 2016, USCIS designated the Administrative Appeals Office’s (AAO) February 9, 2016, decision in Matter of H-V-P- as an adopted decision, and directed USCIS officials to follow its reasoning in similar cases. The decision clarifies that medical specialists who agree to practice in any area designated by the Secretary of Health and Human Services as having a shortage of health care professionals may be eligible for the physician national interest waiver (NIW) under INA §203(b)(2)(B)(ii).
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Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Politico reports that the Ninth Circuit last week heard arguments on a landmark case testing child migrants’ right to counsel in deportation hearings. During the hearing, the three-judge panel often seemed to be warning the Justice Department that hiding behind jurisdictional rules in a case involving minors wasn’t true justice at all. “It’s a real practical problem,” stated Judge Milan Smith. “[R]ealistically, [the DOJ is] saying that while there may be individuals who are lucky enough to have pro bono counsel and the like, … [the children] are out of luck because they cannot defend themselves.”
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https://californiaimmigration.us/family-petitions-to-immigrate-family-members/the-humanitarian-reinstatement/
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Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a decision issued yesterday, the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s Bivens action against various government officials, holding that no Bivensremedy is available to a plaintiff who claims that immigration officials unconstitutionally prolonged his detention. The plaintiff had been ordered removed, and although ICE does not effectuate removals to Cuba, he remained in ICE custody for an amount of time greatly exceeding the 90-day statutory period for removal, from November 25, 2008, until October 21, 2009.
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