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9th Circ. judges battle over failed bid to rehear asylum rule.
Posted on March 30, 2021 by sethlerner1964
District Court Preliminarily Enjoins EOIR Rule on Appellate Procedures and Decisional Finality in Immigration Proceedings
Posted on March 25, 2021 by sethlerner1964
A district court granted a motion for preliminary injunction and enjoined nationwide implementation of EOIR’s December 16, 2020, final rule that made drastic changes to the procedures and regulations governing immigration courts.
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U.S. exits Trump admin.’s Guatemala asylum agreement.
Posted on March 25, 2021 by sethlerner1964
the Guatemalan and U.S. governments announced that the U.S. is withdrawing from the asylum cooperative agreement formed by the Trump administration. Under the agreement, migrants had to apply for protection in the first “safe” country they crossed through, aside from their own, before they could make an asylum claim in the U.S. As a result, Salvadoran and Honduran migrants were forced to first apply for protection in their northern neighbor, Guatemala. Humanitarian advocates criticized the agreement, which was made with countries in the dangerous Northern Triangle region. Biden’s decision to withdraw is in line with his administration’s promise to increase legal pathways and resettlement from Central America.
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USCIS Launches Pilot Program to Facilitate Attorney or Representative Remote Participation in an Asylum Interview
Posted on March 24, 2021 by sethlerner1964
USCIS has launched a temporary pilot program to facilitate attorney or representative participation in an asylum interview from a remote location via video or telephone. The pilot program is available only at the Arlington, Boston, Miami, Newark, and Newark/Manhattan Branch asylum offices.
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Judge Orders Status Report on H-4 EAD Litigation
Posted on March 21, 2021 by sethlerner1964
In light of recent executive and administrative actions, last week, Judge Chutkan ordered a joint status report due by March 5, 2021, advising the court whether the current dispute has been mooted; whether the action should be stayed; or whether litigation should continue.
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New ICE memo sets different priorities for agency.
Posted on March 3, 2021 by sethlerner1964
ICE issued a new memo dictating the grounds for which people can be deported for the next 90 days. Officers will need preapproval from a senior manager before trying to deport anyone who is not a recent border crosser, a national security threat, or a criminal offender with an aggravated felony conviction. Republicans criticized the measure, and the party’s members on the House Oversight and Judiciary committees sent a letter to the Secretary of DHS expressing “serious concerns” with the memo. DHS officials said the new rules do not exempt anyone from enforcement or deportation but rather provide directions to ICE officers.
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Virginia joins federal lawsuit against company accused of preying on immigrants.
Posted on March 2, 2021 by sethlerner1964
VA Attorney General Mark Herring is joining a lawsuit against Libre by Nexus. Libre by Nexus, which calls itself a “bail bond services” firm, provides bond for detainees through a third party. Once they are released, the immigrant has to pay hundreds of dollars per month to cover the bond and pay an additional $420 a month for an ankle monitor the company uses to track the person. The plaintiffs accused the company of preying on immigrants and misrepresenting where their payments go. The lawsuit comes amid other investigations for Libre – according to documents filed in August, the company was under investigation by nearly a dozen businesses and the DOJ. See if you qualify for a Motion to Reopen.
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Biden partially lifted Trump’s pandemic-related green card ban.
Posted on March 1, 2021 by sethlerner1964
President Biden lifted the Trump administration’s orders preventing foreigners from moving to the U.S. on new green cards, saying the orders failed to advance American interests. Trump first enacted the ban last April, and it was set to expire March 31. However, Biden’s proclamation revoked that ban and its extensions a month early. Family members of U.S. citizens and green card holders will now be able to immigrate to the U.S., along with individuals who were selected to receive visas through the diversity visa lottery, which allows the U.S. to accept 55,000 immigrants annually from countries with historically low levels of immigration.
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Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 