Posted on February 12, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Texas Monthly reports on the initial implementation of the Trump administration’s Remain in Mexico policy, as well as the dangers that individuals seeking asylum in the United States face while they are in Mexico. If fully enforced, the new policy could result in tens of thousands of migrants waiting in Mexican border cities for their cases to be heard in U.S. courts. The Hill reports that the Congressional Hispanic Caucus sent a letter to DHS demanding information about how this new policy is being implemented.
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Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim
The First Circuit denied the petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse. Thus, the petitioner failed to meet the CAT definition of “torture” mandated for deferral of removal.
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Posted on January 7, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports on the increase in denials of applications for special immigrant juvenile status following USCIS’s change to how it handles cases involving immigrant children who turned 18 before their paperwork had been completed. Lawsuits have been filed in New York and California to challenge the policy change and denials.
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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.
Filed under: best deportation attorney | Tagged: asylum, Due Process, Mexico | Leave a comment »
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
Filed under: best deportation attorney | Tagged: asylum, border, credible fear interview, family separation | Leave a comment »
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