Posted on December 24, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a statement to the press about today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A‑B‑
Thus, the Courts show that you cannot just arbitrarily and without any reason of law strike down protections against asylum.
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Posted on December 24, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The district court issued an opinion finding that several of the credible fear policies articulated in Matter of A-B- and a subsequent Policy Memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. The court enjoined the government from continuing to apply the unlawful policies and from removing plaintiffs who are currently in the United States without first providing credible fear determinations consistent with the immigration laws. The court also ordered the government to return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations. (Grace v. Whitaker, 12/19/18)
Another one of Trumps polices struck down in Court
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Posted on December 24, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The district court, which had previously entered a temporary restraining order against the implementation of the November 9, 2018, interim final rule on asylum claims along the southern border, issued a preliminary injunction prohibiting the government from taking any action continuing to implement the rule.
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Posted on December 24, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS announced a new policy that would force most asylum seekers who have passed a preliminary screening to remain in Mexico pending a full hearing before an immigration judge.
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Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR supplemented its January 17, 2018, memo, Case Priorities and Immigration Court Performance Measures by announcing the tracking and expedition of “family unit” cases at ten immigration court locations. EOIR further supplemented the January memo by heightening the bar for overcoming a 180-day adjudication window, stating that for an immigration judge to grant a continuance resulting in an asylum case taking longer than 180 days to adjudicate, a respondent must satisfy the good-cause standard and show exceptional circumstances.
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Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The 9th Circuit just ruled that it was unlawful for Trump to deny Central Americans into the U.S. to apply for asylum and cannot unilaterally stop asylum laws.
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Posted on October 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Mother Jones reports on ICE’s use of family separation outside of the context of the “zero-tolerance” border policy, sharing the story of a woman who was detained with her 2-year-old daughter after they fled Honduras. The mother passed her credible fear interview, and then her daughter was separated from her because the mother was found to be a safety risk to her child, presumably based on information she provided during her interview
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Posted on September 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit upheld BIA denials that the petitioner was targeted based on her family relationship and that “single mothers with no male protection who are unable to relocate in El Salvador” are a particular social group. The court also denied the CAT claim, affirming that the petitioner presented no evidence that a Salvadoran official would acquiesce to the petitioner’s torture by gang members.
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Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Third Circuit denied the petition for review and accepted the immigration judge and BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable particular social group.
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Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
the White House is considering a second major reduction in the number of refugees accepted for resettlement in the United States. Last year, the Trump administration set the cap for refugee admissions at a historic low of 45,000. President Trump must officially set the cap by the start of FY2019, which begins on October 1, 2018
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