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.”
https://cbocalbos.wordpress.com/tag/children-immigrants/
https://cbocalbos.wordpress.com/tag/immigrant-children/
https://cbocalbos.wordpress.com/tag/children-in-custody/
https://californiaimmigration.us/family-petitions-to-immigrate-family-members/the-humanitarian-reinstatement/
Filed under: Immigration Attorney | Tagged: children immigrants, sijs, special immigrant juvenile petition | 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
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.
https://cbocalbos.wordpress.com/tag/bivens-claim/
https://cbocalbos.wordpress.com/tag/bond/
https://cbocalbos.wordpress.com/tag/bond-hearing/
https://californiaimmigration.us/got-bond-get-a-los-angeles-deportation-attorney/
Filed under: Immigration Attorney | Tagged: bivens claim, bond, Detention | Leave a comment »
Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that, after a slow start, it appears increasingly likely that the Obama administration will hit its goal of admitting 10,000 Syrian refugees into the United States before the end of September 2016. DOS figures show that 2,340 Syrian refugees arrived last month in the United States, and total admissions for FY2016 come to about 7,900. If the pace from June and July continues this month, the 10,000 target should be reached prior to President Obama’s scheduled visit to the United Nations in late September to urge world leaders to admit more refugees and increase funding for relief organizations.
https://cbocalbos.wordpress.com/tag/syrian-refugees/
https://cbocalbos.wordpress.com/tag/refugees/
https://cbocalbos.wordpress.com/tag/bureau-of-population-refugees-and-migration/
https://californiaimmigration.us/iraqi-refugees-and-immigrants-from-iraq-holding-work-visas-in-the-us-will-experience-many-challenges-in-the-coming-years/
Filed under: Immigration Attorney | Tagged: asylum, syrian refugees | Leave a comment »
Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a class action habeas petition brought by noncitizens with criminal convictions subject to mandatory detention under INA §236(c), the Ninth Circuit affirmed the district court’s class certification order and preliminary injunction requiring the government to provide all class members with bond hearings under §236(a). The court held that, under the plain language of §236(c), the government may detain without a bond hearing only those noncitizens with criminal convictions whom it takes into immigration custody “promptly” upon their release from the triggering criminal custody, not those detained long after.
https://cbocalbos.wordpress.com/tag/mandatory-detention/
https://cbocalbos.wordpress.com/tag/detention/
https://cbocalbos.wordpress.com/tag/immigration-detention/
https://californiaimmigration.us/removal/detention-in-deportation-proceedings/
Filed under: Immigration Attorney | Tagged: bond, mandatory detention | Leave a comment »
Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On December 31, 2015, DHS published in the Federal Register a notice of proposed rulemaking concerning certain employment-based immigrant and nonimmigrant visa programs for high-skilled workers. The proposed rule would codify existing agency guidance on the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA).
https://cbocalbos.wordpress.com/tag/skilled-workers/
https://cbocalbos.wordpress.com/tag/highly-skilled-workers/
https://cbocalbos.wordpress.com/tag/skilled-worker/
https://californiaimmigration.us/visas/h-2b-temporary-worker/
Filed under: Immigration Attorney | Tagged: highly skilled workers | Leave a comment »
Posted on June 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
If you are petitioning to get an E-2 Employee, there might only be a 3 month, or 6 month or 1 year limitation. It will depend on the Consulate. Some might even go as far as 5 years.
You might get some visitors from Immigration to make sure the business is real.
Substantive changes must have an amendment filed in order so that you will not be out of status. It must be filed at the California Service Center.
https://cbocalbos.wordpress.com/tag/e-2/
https://cbocalbos.wordpress.com/tag/e-2-immigration-attorney/
https://cbocalbos.wordpress.com/tag/e-2-visa-applications/
https://californiaimmigration.us/get-an-e-2-attorney-to-help-you-get-your-own-business-in-the-u-s/
Filed under: E-2 Visa Applications, Immigration Attorney | Tagged: E-2, e2, treaty investor visa | Leave a comment »
Posted on May 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In addition, the court held that the proceedings were not closed when the IJ admitted the petitioner’s I-9, and that the form’s admission did not violate the petitioner’s due process rights.
https://cbocalbos.wordpress.com/tag/fraud/
https://cbocalbos.wordpress.com/tag/marriage-fraud/
https://cbocalbos.wordpress.com/tag/fraud-waiver/
https://californiaimmigration.us/hire-a-california-deportation-lawyer-if-you-have-been-charged-with-marriage-fraud/
Filed under: Fraud, Immigration Attorney | Tagged: 212(a)(6), Fraud, inadmissibililiy | Leave a comment »
Posted on May 9, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on May 9, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 