Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a case of first impression, the Ninth Circuit held ineffective assistance certifications are committed to agency discretion by the plain language of 8 CFR §1003.1(c), which contains no standard or meaningful guidance sufficient for judicial review.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, Certification, ineffective assistance of counsel | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Department of Health and Human Services’ (HHS) Office of Inspector General (OIG) issued a report that found the total number of children separated from a parent or guardian by immigration authorities is unknown. Pursuant to a June 2018 district court order, HHS has thus far identified 2,737 children in the Office of Refugee Resettlement’s (ORR) care who were separated from their parents, but thousands of children may have been separated during an influx that began in 2017, before the accounting required by the court.
Filed under: best deportation attorney | Tagged: central americans, migrant children, separation of families, separation of immigrant families | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
NBC reports it obtained a draft plan that shows officials wanted to specifically target parents in migrant families for increased prosecutions, contradicting previous statements from the administration claiming it had no policy of separating families but was simply enforcing the law. The copy of the draft plan obtained by NBC also includes comments showing that officials considered speeding up migrant children’s deportations by denying them asylum hearings after separating them from their parents.
Filed under: best deportation attorney | Tagged: Deportation, migrant children, trump | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Changes are:
Ethiopia and the Philippines were removed from the H-2A and H-2B eligibility lists.
The Dominican Republic was removed from the H-2B eligibility list.
Mozambique and Samoa were added to the H-2A and H-2B eligibility lists.
Paraguay was added to the H-2A eligibility list.
Filed under: best deportation attorney | Tagged: h-2b countries, h-2b list, philippines | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS published notice in the Federal Register of the 84 countries whose nationals are eligible to participate in the H‑2A program and the 81 countries whose nationals are eligible to participate in the H‑2B program for the coming year. The designations in the notice are effective from January 19, 2019, and shall be without effect after January 18, 2020.
Filed under: best deportation attorney | Tagged: H-2B, h2b, temporary work permit | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS published notice in the Federal Register of the 84 countries whose nationals are eligible to participate in the H‑2A program and the 81 countries whose nationals are eligible to participate in the H‑2B program for the coming year. The designations in the notice are effective from January 19, 2019, and shall be without effect after January 18, 2020.
Filed under: best deportation attorney | Tagged: H-2B, h2b, temporary work permit | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
he Sixth Circuit determined the BIA erred in finding new evidence was previously available and that the BIA failed to consider hardship ground raised in the Motion to Reopen, instead offering a cursory analysis that didn’t allow for meaningful review. The court remanded the case to properly apply the law. The court also addressed petitioner’s argument that no jurisdiction was vested in the immigration judge, BIA, or court because the Notice to Appear failed to state the time and place of the hearing, holding that jurisdiction was vested and distinguishing the stop-time rule in Pereira.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, NTA, pererira, Stop-Time Rule | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS released information about the Migrant Protection Protocols it has begun implementing at the U.S.-Mexico border, whereby certain foreign nationals entering from Mexico may be returned to wait outside the United States for the duration of their immigration proceedings
Filed under: best deportation attorney | Tagged: deportation proceedings, DHS, Immigration Court, mexican national | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it will resume premium processing on Monday, January 28, 2019, for all FY2019 H‑1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). The previously announced temporary suspension of premium processing remains in effect for all other categories of H‑1B petitions to which it applied.
Filed under: best deportation attorney | Tagged: cap, cap-gap, g1b, H-1B, Work Visa | Leave a comment »
Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit found the BIA erred in applying the clear-error standard of review, instead of de novo, to the immigration judge’s denial of the petitioner’s application for a good-faith marriage waiver. The court also held the petitioner abandoned his abuse of discretion claim on the Motion to Reopen denial because he failed to adequately argue it in his brief.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, bona fide marriage, good faith marriage | 1 Comment »