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Immigration consequences of a guilty plea in a criminal case

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Office of Immigration Litigation (OIL) reference guide created in response to the Supreme Court decision Padilla v. Kentucky, which requires defense counsel to effectively advise their clients on the immigration consequences of a guilty plea in a criminal case.

Filed under: Guilty plea in a criminal case, Immigration Attorney, Immigration Lawyer, Office of Immigration Litigation (OIL), USCIS | Tagged: , , , , , | 1 Comment »

DOS guidance relating to the consular notification obligations

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Department of State (DOS) guidance relating to the consular notification obligations of federal, state, and local officials when a foreign national is arrested and detained, requires a guardian, dies or is seriously injured, or is involved in a ship wreck or plane crash on U.S. territory

Filed under: Consular Notification, Department of State (DOS), Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

To rebut past persecution for withholding of removal

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Whether a fundamental change has occurred to rebut past persecution for withholding of removal is a fact-specific inquiry, tailored to the petitioner’s claim. It is insufficient to rely on information about general country changes. (Imelda v. U.S. Att’y Gen., 7/12/10).

Filed under: Immigration Attorney, Immigration Lawyer, Rebut Past Persecution, USCIS, withholding of removal | Tagged: , , , , , | Leave a comment »

Post-conclusion Voluntary Departure

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

An alien is not precluded from post-conclusion voluntary departure under INA §240B(b)(1), where the request is raised for the first time after IJ issuance of the removal order, but prior to the conclusion of the hearing.

Filed under: Immigration Attorney, Immigration Judges, Immigration Lawyer, Post-conclusion Voluntary Departure, USCIS | Tagged: , , , , , | Leave a comment »

I-9 Guidance in related to discrimination issues

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Guidance regarding I-9 and immigration-related discrimination issues in response to the invalidation of pre-July 1, 2010 Puerto Rico birth certificates.

Filed under: I-9 Guidance, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

Criminal charges for Employers knowingly hiring undocumented immigrants

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

ICE announcement that the owner and a top executive of a metal casting company in Ventura County were arrested on federal criminal charges for knowingly hiring undocumented immigrants. The charges carry a maximum penalty of up to six months in prison.

Filed under: Criminal charges for Employers knowingly hiring undocumented immigrants, ICE, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | 2 Comments »

Criminal charges for Employers knowingly hiring undocumented immigrants

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

ICE announcement that the owner and a top executive of a metal casting company in Ventura County were arrested on federal criminal charges for knowingly hiring undocumented immigrants. The charges carry a maximum penalty of up to six months in prison.

Filed under: Criminal charges for Employers knowingly hiring undocumented immigrants, ICE, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | 2 Comments »

Salvadorians who are eligible to re-register for TPS

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS reminds Salvadorians, who are eligible to re-register for TPS but who have not filed their applications, to follow the late re-registration guidance. A Spanish version of the notice follows the English version.

Filed under: Immigration, Immigration Attorney, Immigration Lawyer, Salvadorans eligible to re-register for TPS, USCIS | Tagged: , , , , , | Leave a comment »

28 in New Orleans facing criminal charges or deportation as a result of Operation Community Shield

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

ICE announcement that 28 individuals from the New Orleans area with ties to the MS-13 and Latin Kings transnational street gangs are facing criminal charges or deportation as a result of Operation Community Shield.

Filed under: Facing criminal charges or deportation as a result of Operation Community Shield, ICE, Immigration Attorney, Immigration Lawyer, New Orleans area, USCIS | Tagged: , , , , , , | Leave a comment »

Conviction for false claim of citizenship

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

CA4 affirmed conviction for false claim of citizenship, finding that a former TPS beneficiary’s misrepresentation of his immigration status on the I-9 employment eligibility form as a citizen was material (U.S. v. Garcia-Ochoa, 06/15/10).

Filed under: Conviction for false claim of citizenship, I-9, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

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