Posted on March 23, 2021 by sethlerner1964
Posted on February 22, 2021 by sethlerner1964
On Tuesday, a federal judge in Oakland, CA ruled that the Trump administration violated immigration laws and endangered immigrants when it issued a blanket denial of asylum to thousands of migrants from Central America who had not sought refuge in Mexico or another country before reaching the U.S. The rule, which took effect on Jan. 19, 2021 and was virtually identical to the administration’s earlier regulations, prohibited immigrants from applying for asylum at the U.S.-Mexico border unless they had unsuccessfully sought asylum in a nation they had passed through along the way. The CA judge who blocked an earlier version of the rule said that the new version ignored U.S. laws that were designed to prevent “arbitrary denials” of asylum for immigrants fleeing danger.
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Filed under: Federal cases | Tagged: asylum, ca judge, refugee, violation of immigration reform | Leave a comment »
Posted on January 24, 2021 by sethlerner1964
The acting attorney general provided additional guidance on asylum cases involving applicants who claim persecution by non-governmental actors and membership in a particular social group and remanded to the BIA to issue a new opinion consistent with this opinion. In a comment on the decision, the Center for Gender & Refugee Studies said “today’s ruling attempts to erect additional barriers to protection for people escaping harrowing persecution.
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Posted on January 22, 2021 by sethlerner1964
The acting attorney general provided additional guidance on asylum cases involving applicants who claim persecution by non-governmental actors and membership in a particular social group and remanded to the BIA to issue a new opinion consistent with this opinion. In a comment on the decision, the Center for Gender & Refugee Studies said “today’s ruling attempts to erect additional barriers to protection for people escaping harrowing persecution.”
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Posted on January 14, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
9th Circuit Court
The Ninth Circuit issued an order granting the petitioner’s unopposed motion to vacate the BIA’s decision in Matter of E—R—A—L—, which pertains to establishing a particular social group based on landownership, and granted the government’s motion to remand to the BIA for further proceedings.
Filed under: BIA, Uncategorized | Tagged: asylum, BIA, board of immigration appeals, Particular Social Group | Leave a comment »
Posted on December 23, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS revealed a new policy on Monday that would significantly expand the in-person interview requirement for asylum-seekers and refugees trying to gain lawful status for their relatives. The agency said that it needs “most” asylum-seekers or refugees to appear for an interview regarding their relative’s admission to provide an “additional layer of in-person adjudicate scrutiny.” The policy memo from Nov. 18 contributes to a longer-term effort by the Trump administration to pin down in-person interviews for people seeking immigration benefits. The new policy is set to begin a phased implementation in the first quarter of 2021 and apply to petitioners across the board, regardless of location or concerns about eligibility. How to apply for asylum
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Posted on December 23, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485 based on refugee or asylee status. The updated criteria are within the parameters of USCIS’ regulatory authority to determine, on a case-by-case basis, whether an interview is necessary to determine the admissibility of an alien applying for lawful permanent resident status under INA § 209. The updates do not change the eligibility requirements to adjust status.
Filed under: best deportation attorney | Tagged: adjust status, asylum, interview | Leave a comment »
Posted on December 23, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS and DOJ published a final rule that finalizes, with minor changes, the interim final rule published on July 16, 2019, that barred from asylum eligibility individuals who transit through a third country without seeking protection. The rule is effective January 19, 2021.
Filed under: best deportation attorney | Tagged: asylum, passing through country asylum, third country national | Leave a comment »
Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a policy memo stating that it will require most petitioners to appear for an interview in connection with Form I-730. USCIS will implement the expansion of in-person petitioner interviews in phases and will provide advance public notice before each phase is implemented.
Filed under: best deportation attorney | Tagged: asylee, asylee relative petitions, asylum, I-730 | Leave a comment »
Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced via the Form I-589 webpage that beginning November 2, 2020, asylum offices will no longer accept the filing of Forms I-589 that previously were filed directly with a local asylum office. These forms must be filed with the Asylum Vetting Center in Atlanta, Georgia.
Filed under: best deportation attorney | Tagged: asylum, asylum vetting center, USCIS | Leave a comment »
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