Posted on July 6, 2021 by sethlerner1964
Attorney General Merrick Garland struck down two immigration opinions issued by previous Attorneys General under Trump, this reversing limits on who is eligible for asylum. The orders he signed vacated earlier decisions from Jeff Sessions and William Barr that limited asylum for victims of domestic violence as well as those seeking asylum based on ties to persecuted family members – something that could be particularly important to those from countries with serious gang violence. The move follows pressure from immigration advocacy groups to review all of the 17 attorney general-level immigration court decisions made under the Trump administration.
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Posted on February 19, 2021 by sethlerner1964
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 December 23, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS lost its bid at the Ninth Circuit to stop preliminary injunctions against a new public charge rule limiting the number of immigrants who can be admitted to the U.S. based on doubts they can be self-sufficient. The court reasoned that the rule is likely not a reasonable interpretation of federal immigration law. Ultimately, the divided court upheld preliminary injunctions against the rule issued by district courts in CA and WA, though it narrowed the WA-based court’s nationwide injunction to cover only the territory within the court’s jurisdiction. The California AG Xavier Becerra called the court’s ruling a “critical victory.”
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Posted on October 1, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Vacating the BIA’s decision concerning the asylum claims of a Salvadoran woman who had established persecution on account of her membership in a particular social group—“Salvadoran females”—the Attorney General ruled that in reviewing asylum claims, the BIA must examine de novo whether facts found by the immigration judge satisfy all statutory elements of asylum as a matter of law, and that the BIA should meaningfully review each element of an asylum claim before affirming or independently ordering a grant of asylum. Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020)
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Posted on September 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fourth Circuit U.S. Court of Appeals ruled in Zuniga Romero v. Barr that immigration judges have the authority to administratively close cases pending before them. The court concluded that immigration law unambiguously permits immigration judges to control their own dockets.
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Posted on September 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Twelve senators sent a letter to Attorney General William Barr urging him to rescind his decision in Matter of L‑E‑A‑, which limits access to asylum for people fleeing persecution abroad because of their family ties, citing that his decision disregards decades of legal precedent.
Filed under: best deportation attorney | Tagged: ag, asylum, attorney general, barr, fleeing persecution, matter of l-e-a, matter of lea | Leave a comment »
Posted on April 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The San Francisco Chronicle reports DOJ plans to issue rule changes that would make it easier for a handful of appellate immigration judges to declare their rulings binding on the entire immigration system. The changes could also expand the use of single-judge, cursory decisions at the appellate level.
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Posted on January 7, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Acting Attorney General Matthew Whitaker announced that in light of the lapse in appropriations, he is suspending the briefing schedules for Matter of Castillo-Perez and Matter of L–E–A–, two cases that he referred to himself for review. New briefing schedules will be set when DOJ and DHS receive funding permitting them to resume normal operations. In both cases, under the new briefing schedules, briefs from amici will be due no earlier than February 1, 2019.
Filed under: best deportation attorney | Tagged: ag, attorney general, Castili-Perez | 1 Comment »
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