Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Concluding that Popa v. Holder had been effectively overruled, the Ninth Circuit heldthat a Notice to Appear (NTA) that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing, and therefore does not terminate the residence period required for cancellation of removal. The court thus concluded that, because the petitioner had never received a valid NTA, his residency continued beyond his receipt of the NTA in 2008, and accordingly, he was eligible for cancellation of removal.
Filed under: best deportation attorney | Tagged: notice to appear, NTA, papa v. holder, subsequent corrections | Leave a comment »
Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit held that DHS’s failure to include the time and date of the petitioner’s hearing in the Notice to Appear (NTA) was a failure to follow a claim-processing rule, not a jurisdictional flaw, and that the petitioner did not timely object to DHS’s misstep.
Filed under: best deportation attorney | Tagged: 7th circuit, court of appeals, notice to appear, NTA | Leave a comment »
Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On May 28, 2019, the Attorney General (AG) certified to himself two cases, Matter of Thomas and Matter of Thompson. 27 I&N Dec. 556 (A.G. 2019). The AG has asked the parties and interested amici to “address whether, and under what circumstances, judicial alteration of a criminal conviction or sentence-whether labeled ‘vacatur,’ ‘modification,’ ‘clarification,’ or some other term-should be taken into consideration in determining the immigration consequences of the conviction.” This seems to relate to the BIA’s decisions in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003) (relating to vacatur of convictions), Matter of Cota, 23 I&N Dec. 849 (BIA 2005) (relating to sentence modifications), and similar cases.
Filed under: best deportation attorney | Tagged: criminal relief, immigration conviction, vacating a crime | 1 Comment »
Posted on May 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Our Law Office has been working in Immigration Law for nearly 30 years. We have just passed the opening of 5000 cases. Thus, we have helped people all over the U.S. and the world and continue to do so.
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Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The White House released a presidential memo directing DHS and DOJ to issue regulations that would dramatically alter how asylum seekers obtain protection in the United States and dilute their rights during that process.
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Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a split en banc decision, the BIA held that where a notice to appear does not specify the time and place of an individual’s initial removal hearing, the subsequent service of a notice of hearing containing that information “perfects” the deficient notice to appear and triggers the “stop-time” rule. The BIA thus remanded to the immigration judge to consider whether the individuals have met their burden to demonstrate 10 years of continuous physical presence in the United States measured backward from service of the notices of hearing.
Filed under: best deportation attorney | Tagged: notice to appear, NTA, stop-time real | Leave a comment »
Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CBS reports that 10 transgender women who were part of a roughly 80-member group of LGBTQ+ migrants from Central America recently won their asylum cases and were released from a detention center in Texas.
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Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A district court judge for the Middle District of North Carolina issued a nationwide preliminary injunction, effective immediately, enjoining USCIS’s memo titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” originally issued on May 10, 2018, and updated on August 9, 2018, that went into effect on August 9, 2018, until further order of the court. The memo penalized international students for overstaying or violating the terms of their visas, even accidently.
Filed under: best deportation attorney | Tagged: f j and m, j visa, m visa, Student Visa, unlawful presence | Leave a comment »
Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, concluding that the immigration judge erred by failing to advise the 14-year-old petitioner, who had received death threats from a gang in Honduras and had not had any contact with his father for many years, that he was an at-risk child potentially eligible for relief as a Special Immigrant Juvenile (SIJ).
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Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS published a notice that DHS will not terminate Temporary Protected Status (TPS) for Honduras or Nepal pending final disposition of the appeal in Ramos v. Nielsen. The notice further announces that DHS is extending the validity of TPS-related documentation for Nepalese TPS beneficiaries through March 24, 2020. The TPS designation for Honduras remains in effect through January 5, 2020.
Filed under: best deportation attorney | Tagged: Honduras, nepal, temporary protected status, tp, TPS | Leave a comment »
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