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Posted on January 28, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

 In December, a federal judge ruled that ICE violated the Freedom of Information Act (FOIA) when it denied immigration lawyers access to their client’s files. ICE’s reasoning was that the clients in ICE custody were “fugitives,” but that is not one of the stated exceptions under FOIA. ICE used this justification for denying FOIA requests at least 333 times between July 21, 2017 and April 4, 2019. As of this week, the government has about a month remaining to appeal the decision.

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Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Seventh Circuit reversed the summary judgment in favor of USCIS and remanded, holding that USCIS failed to conduct an adequate search in response to the plaintiff’s Freedom of Information Act (FOIA) request, which sought “all documents reflecting statistics” about H-1B visa applications. USCIS responded to the request by providing a single data table it had created, later telling the plaintiff that more records would “only create additional confusion.”

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Ruling against Government for trying not to comply with a FOIA request

Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Seventh Circuit reversed the summary judgment in favor of USCIS and remanded, holding that USCIS failed to conduct an adequate search in response to the plaintiff’s Freedom of Information Act (FOIA) request, which sought “all documents reflecting statistics” about H-1B visa applications. USCIS responded to the request by providing a single data table it had created, later telling the plaintiff that more records would “only create additional confusion.”

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The Washington Post report

Posted on January 18, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

http://ow.ly/sx70W The Washington Post reports that in response to an ACLU FOIA lawsuit, federal prosecutors in New York say they cannot meet a judge’s demands to quickly deliver documents about thousands of immigrants who have been detained nationwide for months or years as their immigration statuses are reviewed.

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A settlement agreement was reached

Posted on December 14, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

A settlement agreement was reached in a lawsuit challenging USCIS’s policy of withholding asylum officer interview notes from FOIA responses. Under the agreement, USCIS must instruct employees involved in processing FOIA requests that asylum officer interview notes generally are to be produced.
http://ow.ly/rBqBN

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Presentations on Secure Communities from 2009 and 2010 on its FOIA by the ICE

Posted on June 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

ICE released several presentations on Secure Communities from 2009 and 2010 on its FOIA Reading Room. The presentations include a Secure Communities Crash Course, Secure Communities v. 287(g), State and Local Coordination, and a fact sheet.

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Don´t know if you were deported? Get a FOIA 

 

 

 

 

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What is Appeals?

Posted on February 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Our law firm prepares each and every kind of appeal regarding all types of petitions and applications under the Immigration and Nationality Act. Appeals can be made from the Immigration Court, the Bureau of Citizenship and Immigration Services, the Department of State, the Department of Labor and many more.

Appeals go to many different types of entities. Depending on where the original denial came from, appeals can go to the Board of Immigration Appeals, the Board of Alien Labor Certification Appeals, the Administrative Appeals Unit, various Federal District Courts, various Federal Appellate Circuit Courts and the United States Supreme Court.

Appeals are extremely time sensitive. This means that if the appeal is sent one day late, you will have probably lost all chances to ever appeal the decision. Our law firm can get the appeal out in an expedited timely manner to ensure that you are protected.

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Losing at the Immigration Court is not the end 

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