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Filed under: best deportation attorney | Tagged: Cancellation of Removal, cimt, crime involving moral turpitude | Leave a comment »
The New York Times reports that as the Trump administration moves to expand family detention, two of the government’s own medical consultants sent a letter to the Senate’s Whistleblower Protection Caucus detailing a series of 10 investigations over the past four years that “frequently revealed serious compliance issues resulting in harm to children.”
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The Third Circuit found that the jurisdiction-stripping provision of the INA operates as an unconstitutional suspension of the writ of habeas corpus as applied to Special Immigrant Juvenile (SIJ) designees seeking judicial review of expedited removal.
Filed under: best deportation attorney | Tagged: INA, sij, special immigrant juvenile petition, third circuit | Leave a comment »
USCIS announced that attorneys and accredited representatives can now file Form N-565, Application for Replacement Naturalization/Citizenship Document, for their clients online using their myUSCIS account. No substantive changes have been made to the content of the form.
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In Pereira v. Sessions, __ U.S. __, 138 S. Ct. 2105 (2018), the U.S. Supreme Court held that service of a putative charging document that does not specify the time and place of removal proceedings does not meet the statutory definition of a Notice to Appear (NTA) under 8 U.S.C. § 1229(a) and, therefore, does not cut off a noncitizen’s ability to accrue the time in the United States required to qualify for cancellation of removal. Although the government is attempting to cabin the ruling’s impact to the cancellation of removal context, practitioners can apply the rationale underlying the Court’s interpretation of § 1229(a) to a wider variety of challenges. Furthermore, practitioners can file motions to reconsider and/or reopen prior removal orders predicated on defective NTAs within 30 to 90 days of the decision or as soon as practicable after learning of the decision.
Filed under: best deportation attorney | Tagged: motion to reconsider, motion to reopen, notice to appear, NTA, Pereira | Leave a comment »
Filed under: best deportation attorney | Tagged: asylum, minor, Past Persecution | 1 Comment »
New case showing that helping under duress is a defense (1) An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature. (2) To meet the minimum threshold requirements of the duress defense to the persecutor bar, an applicant must establish by a preponderance of the evidence that (1) he acted under an imminent threat of death or serious bodily injury to himself or others; (2) he reasonably believed that the threatened harm would be carried out unless he acted or refrained from acting; (3) he had no reasonable opportunity to escape or otherwise frustrate the threat; (4) he did not place himself in a situation in which he knew or reasonably should have known that he would likely be forced to act or refrain from acting; and (5) he knew or reasonably should have known that the harm he inflicted was not greater than the threatened harm to himself or others.
Filed under: best deportation attorney | Tagged: asylum, duress, material support, persecution | Leave a comment »
Filed under: best deportation attorney | Tagged: I-765, late work permit, service center, USCIS, Work Permit | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 