Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A Transactional Records Access Clearing House (TRAC) report found that the most recent data tracking the processing of “women with children” cases showed that the odds of being deported decreased by more than fourteen-fold when the women and children had legal representation in immigration court. Of the 12,266 such closed cases as of June 2015, only 2.3% without representation were allowed to remain in the United States, with the immigration judge issuing a deportation order 97.7% of the time. In contrast, for the 2,003 “women with children” cases with representation, 32.9% were allowed to remain in the country, with 67.1% receiving a deportation order. Interested in getting involved?
Filed under: Immigration Attorney | Tagged: Deportation | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit affirmed the Board of Immigration Appeals’ denial of the petition for review, finding that INA §241(a)(5)’s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum.
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Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, fifth circuit, Illegal Reentry, Immigration, Immigration Attorney, Immigration Lawyer, Refugee and Asylee follow-to-Join cases, reinstated removal order, removal order | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit affirmed the Board of Immigration Appeals’ denial of the petition for review, finding that INA §241(a)(5)’s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum.
Filed under: Immigration Attorney | Tagged: asylum, fifth circuit, Illegal Reentry, reinstated removal order, removal order | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Judge Dolly Gee in Flores v. Johnson that should signal the end of the mass incarceration of children and mothers seeking asylum in the United States. Judge Gee found that the government materially breached the Flores settlement agreement, which requires that children in temporary custody be housed in safe, sanitary, non-secure, and licensed facilities. She granted the plaintiffs’ motion to enforce the agreement, and ordered the government to show cause why children and their accompanying parents should not be released.
Filed under: Immigration Attorney | Tagged: Detention, flores, mothers children in detention | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in the Washington Post discusses the challenges that the Department of Homeland Security is encountering as it rolls out the new Priority Enforcement Program (PEP)—the replacement for the discontinued Secure Communities program—under which DHS will seek to be notified by law enforcement before an undocumented immigrant is released from custody
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Filed under: Deportation | Tagged: deportable, Deportation, deportation attorney, deportation lawyer, deportation order, deportation proceedings, deportations, Immigration, Immigration Attorney, Immigration Lawyer, pep | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in the Washington Post discusses the challenges that the Department of Homeland Security is encountering as it rolls out the new Priority Enforcement Program (PEP)—the replacement for the discontinued Secure Communities program—under which DHS will seek to be notified by law enforcement before an undocumented immigrant is released from custody.
Filed under: Immigration Attorney | Tagged: Deportation, pep | Leave a comment »
Posted on August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that, starting today, it will resume accepting Form I-907, Request for Premium Processing Service (with an edition date of January 29, 2015), for all H-1B extension of stay petitions. Premium processing for H-1B extensions had been suspended since May 26, 2015, so that USCIS could implement the final rule providing employment authorization for certain H-4 spouses in a timely manner. USCIS clarified that it will accept an I-907 premium processing request on any H-1B extension petition, including pending petitions filed during the premium processing moratorium. If an I-907 was filed and/or received by USCIS prior to July 13, 2015, it will be rejected.
Filed under: Immigration Attorney | Tagged: H-1B, h1b, premium processing | Leave a comment »
Posted on August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA sustained the respondent’s appeal and remanded, holding that a notice to appear (NTA) that was served but never resulted in removal proceedings does not have “stop-time” effect for purposes of establishing eligibility for cancellation of removal pursuant to section 240A(d)(1) of the Immigration and Nationality Act.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, notice to appear, NTA, Stop-Time Rule | Leave a comment »
Posted on August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Labor Department alerts stakeholders that, effective immediately, permanent and temporary labor certifications will no longer display the electronic signature of the Office of Foreign Labor Certification (OFLC) Acting Administrator William W. Thompson II. Instead, the electronic signature on approved applications under the permanent and temporary visa programs will be shown as “Certifying Officer.”
Filed under: Immigration Attorney | Tagged: Certifying Officer, Department of Labor (DOL), DOL | Leave a comment »
Posted on August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS notified stakeholders that it has finished returning FY2016 H-1B cap-subject petitions that were not selected in the computer-generated random selection process.
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Filed under: H-1B | Tagged: cap h-1b's, H-1B, h-1b immigration attorney, H-1B Specialty Visa, H-1B Visa, H-1B Visa Attorney, H-1B's, H1-B, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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