Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Declining to review the BIA’s denial of the cancellation application, the Ninth Circuit ruled that the petitioner’s guilty plea to the charge of violating a Washington state child assault statute “with sexual motivation” brings the conviction within the definition of the federal offense of sexual abuse of a minor.
Filed under: best deportation attorney | Tagged: aggravated felony, BIA, Cancellation of Removal, charging documents | Leave a comment »
Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Denying the petition to review the BIA’s reversal of the immigration judge’s grant of withholding of removal, the Eighth Circuit upheld the BIA’s finding that “former taxi drivers from Quezaltepeque who have witnessed a gang murder” was not socially distinct and thus could not qualify as a “particular social group.”
Filed under: best deportation attorney | Tagged: asylum, eight circuit, Social Group, withholding of removal | Leave a comment »
Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fourth Circuit granted the petition for review, finding that an assessment of $100 in costs, assessed attendant to prayer for judgment continued under North Carolina law, is not a “penalty” under INA §101(a)(48)(A)(ii) and is therefore not a “conviction” under the INA.
Filed under: best deportation attorney | Tagged: Appeal, conviction, foruth circuit, penalty | Leave a comment »
Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Starting August 9, 2018, a new policy goes into effect for F-1 and J-1 holders. They will start accruing unlawful presence the day after they violate their status, get an order from a Judge they are out of status, or get a ruling from Immigration their status is denied.
Filed under: best deportation attorney | Tagged: f-1, f1, J-1, j1, out of status, work unlawfully | Leave a comment »
Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS’s new policy on the calculation of unlawful presence for those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents will take effect next Thursday, August 9, 2018.
Filed under: best deportation attorney | Tagged: f-1, f1, j, j1, new unlawful presence, student | Leave a comment »
Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Judge Dolly Gee issued an order denying the government’s application for limited relief from the settlement agreement in Flores v. Reno, calling the application “a cynical attempt, on an ex parte basis, to shift responsibility to the judiciary for over 20 years of congressional inaction and ill-considered executive action that have led to the current stalemate.”
Filed under: best deportation attorney | Tagged: flores settlement agreement, us district judge | Leave a comment »
Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eleventh Circuit granted the petition for review and found the BIA erred in concluding that immigration judges (IJs) cannot have concurrent jurisdiction over a waiver of inadmissibility for U visa applicants, stating the BIA did not address or analyze the plain meaning of INA §212(d)(3).
Filed under: best deportation attorney | Tagged: 212(d)(3), BIA, Eleventh Circuit, nonimmigrant waiver, U Visa | Leave a comment »
Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a policy memo with guidance to adjudicators regarding the discretion to deny an application, petition, or request without first issuing a request for evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not submitted or if the evidence in the record does not establish eligibility. Guidance is effective September 11, 2018.
Filed under: best deportation attorney | Tagged: noid, notice of intent to deny, ref, request for evidence | Leave a comment »
Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
an order issued by a federal judge in San Diego this morning to temporarily stop the government from deporting families who were separated at the border for at least one week after reuniting them.
Filed under: best deportation attorney | Tagged: Deportation, family deportation | Leave a comment »
Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit found that the BIA properly denied the petitioner Temporary Protected Status (TPS) because he was convicted of two misdemeanors, adding that it is irrelevant whether state law classifies crimes as “infractions” or “violations,” so long as punishment imposable under state law meets the definition of misdemeanor.
Filed under: best deportation attorney | Tagged: conviction, infraction, TPS | Leave a comment »
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