Posted on March 31, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.
USCIS is adopting several measures to protect our workforce and community, and to minimize the immigration consequences for those seeking immigration benefits during this time.
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Posted on March 7, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Innovation Law Lab v. Wolf, the Ninth Circuit reinstated the previously stayed injunction halting the Remain in Mexico policy. Additionally, in East Bay Sanctuary Covenant v. Trump, the Ninth Circuit affirmed a preliminary injunction enjoining enforcement of a rule and presidential proclamation that strip asylum eligibility from migrants who cross into the United States along the southern border with Mexico between designated ports of entry.
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Posted on March 7, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Friday, a few hours after the Ninth Circuit affirmed a preliminary injunction enjoining implementation of the Migrant Protection Protocols, the three-judge panel voted unanimously to suspend its own order and granted an emergency request for an immediate stay of its earlier decision pending disposition of a petition for certiorari before the Supreme Court.
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Posted on March 7, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Monday, the Supreme Court heard arguments on whether asylum seekers may seek judicial review after their claims are denied in summary proceedings. During oral argument, the court seemed split on whether some amount of judicial review was appropriate. This is all in light of expedited removal proceedings, where many asylum seekers are initially denied without having ever seen an immigration judge.
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Posted on March 7, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the U.S. Supreme Court’s decision in Pereira v. Sessions abrogated the Third Circuit’s decision in Orozco-Velasquez v. Attorney General, and thus found that, for purposes of the stop-time rule, a deficient Notice to Appear (NTA) that omits the time and date of appearance may not be cured with a later Notice of Hearing that provides the missing information.
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Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Judge David C. Bury found that the conditions in CBP holding cells in the Tucson Sector violate the U.S. Constitution and ordered that CBP can no longer hold individuals for over 48 hours without providing a bed, blanket, shower, meals that meet acceptable dietary standards, and a medical assessment
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Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
n December, an ICE request to delete records was granted. The request to delete records, which was filed in 2015 under the Obama administration, would include documents relating to detainee deaths, sexual assaults, and abuse allegations while in ICE custody. On Tuesday, the ACLU filed a FOIA request to get access to the documents before they are deleted. The ACLU has argued that these documents should be protected in order to keep ICE accountable in the future
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Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
19-year old Kevin Euceda came to the U.S. and applied for asylum 3 years ago. While he was detained for nearly 3 years, he was ordered to attend mandatory therapy sessions. During the confidential therapy sessions, he told the therapist about his history of physical abuse, neglect, and former gang affiliation in Honduras. In court, ICE used these confidential therapy notes against him; Kevin’s case is currently under appeal. Other asylum seekers’ therapy notes have been used against them as well. The information sharing is technically legal, but psychologists say the policy breaks important doctor-patient confidentiality.
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Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On February 20, a Mexican man detained in Ohio died in ICE custody. His preliminary cause of death has been called suicide by self-inflicted strangulation, though this is being investigated. This is the 7th death in ICE custody for the current fiscal year.
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Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Nigeria is part of the list of 6 countries who were recently added to the “travel ban” list. This means that as of February 21, Nigerian citizens were banned from visas that can lead to permanent residency in the U.S. On Thursday, the Nigerian government asked the United States once more to remove it from the visa restriction list. The United States has not lifted the ban.
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