Posted on March 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A federal judge in Texas on Wednesday rejected a request from Texas for a temporary restraining order (TRO) to bar nine Syrian refugees from being resettled in Houston. U.S. District Court Judge David Godbey ruled that Texas had “failed to show by competent evidence that any terrorists actually have infiltrated the refugee program, much less that these particular refugees are terrorists intent on causing harm.
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Filed under: Bureau of Population | Tagged: asylum, Bureau of Population Refugees and Migration, federal judge, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, refugee, Syria | Leave a comment »
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Senate Judiciary Committee approved by a vote of 16-4 a nonbinding amendment authored by Senator Patrick Leahy (D-VT) that prohibits the U.S. government from barring individuals from entering the country based on their religion. “It is the sense of the Senate that the United States must not bar individuals from entering into the United States based on their religion, as such action would be contrary to the fundamental principles on which this Nation was founded,” the amendment states.
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Filed under: judical review | Tagged: asylum, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, religious persecution, sentate judiciary | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in the Washington Post reports that leaders of major American religious groups have condemned proposed bans on Syrian refugees, contending that a legitimate debate over security has been overtaken by irrational fear and prejudice. The article states that top organizations representing evangelicals, Roman Catholics, Jews, and liberal Protestants are in agreement that security concerns do not warrant blocking those fleeing violence in the Middle East.
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Filed under: Refugees and Migration | Tagged: asylum, syrian refugees | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where a citizen of Mexico had sought relief based on his fear that he would be persecuted on the basis of his sexual orientation, the Ninth Circuit found that substantial evidence supported the BIA’s denial of the petitioner’s claims for asylum, withholding of removal, and CAT relief. The court also concluded that the BIA did not abuse its discretion in denying the petitioner’s motion to remand based on his recent HIV diagnosis.
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Filed under: asylum | Tagged: asylum, hiv, hiv positive, persecution | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in Marketplace reports that the White House is warning Congress that President Obama would veto a bill that calls for additional background checks on Syrian refugees. The administration noted that there are already stringent background checks for refugees, and that more would only cause unnecessary delays.
Filed under: asylum, Immigration Attorney | Tagged: asylum, denial of admission, refugee, syrian refugee | Leave a comment »
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit granted the petition for review, holding that the Immigration Judge (IJ) misunderstood the petitioner’s testimony about the nature of the procedure his wife ultimately received; namely, the implantation into her arm of a contraceptive device. Further, the court found that the IJ erred by concluding, alternatively, that the petitioner could not show past persecution because he resisted only his wife’s forced contraceptive implant, as opposed to a forced abortion or sterilization.
Filed under: asylum | Tagged: asylum, fgm, forced sterilization, Petition for Review, seventh circuit | Leave a comment »
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The government to comply with U.S. District Judge Dolly Gee’s July 24, 2015, ruling concerning the inhumane detention of mothers and children fleeing violence and persecution. In a press release, the CARA Family Detention Pro Bono Projectnoted the government’s noncompliance with the ruling, and called on the government to “immediately cease [the] abhorrent practice” of family detention. The CARA Project also provided a fact sheet on the Flores litigation, covering key points from Judge Gee’s ruling, and discussing what is likely to happen next in the case.
Filed under: asylum | Tagged: asylum, cara project, Detention, fleeing children, immigration detention | 1 Comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit dismissed the petition for review, holding that, pursuant to the jurisdiction-stripping provisions of INA §242(a)(2)(A), the court lacked jurisdiction to review the Immigration Judge’s affirmance of the asylum officer’s negative credible fear determination in the petitioner’s expedited removal proceedings. The court rejected the petitioner’s argument that the jurisdiction-stripping provisions unconstitutionally deprived the petitioner of any forum in which to bring a procedural due process challenge to his expedited removal proceedings, because there exist certain exceptions to the restriction on judicial review.
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Filed under: asylum | Tagged: asylum, Asylum Application, asylum attorney, credible fear, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence
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Filed under: asylum | Tagged: Adverse Credibility, asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
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