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CBP Teleconference on Automation of Form I-94

Posted on February 14, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

CBP invitation for a 2/16/12 stakeholder teleconference to discuss the automation of Form I-94 (Arrival/Departure Record) and potential impacts on state/local benefit-granting agencies and employers.

https://www.uscis.gov/working-in-the-united-states

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Prosecutorial Discretion Toolkit

Posted on February 14, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

A toolkit for use in planning/hosting local pro bono legal services clinics to address the needs of pro se respondents who may be eligible for prosecutorial discretion. Serves as a start to finish “how-to” guide for the group processing workshop model of pro bono clinic.

https://www.uscis.gov/green-card

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CA9 on Continuous Physical Presence Requirement

Posted on February 13, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that the petitioner was not eligible for cancellation of removal because he had been subject to a “formal, documented process” sufficient to break continuous physical presence.

https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization#:~:text=Naturalization%20is%20the%20process%20by,and%20Nationality%20Act%20(INA).

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District Court Orders Disclosure of DOJ Emails

Posted on February 13, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court ordered the government to disclose Department of Justice emails communicating the policy for returning immigrants who are wrongfully deported while their judicial appeals are pending.

https://www.usa.gov/immigration-and-citizenship

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DOL Announces Final Rule on Non-Agricultural Employment of H-2B Aliens

Posted on February 13, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

DOL final rule, to be published in the Federal Register on 2/21/12, amends the regulations governing the certification of H-2B temporary or seasonal workers, and the enforcement of the obligations applicable to employers of such nonimmigrant workers.

https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html

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CA7 Reverses Harboring Conviction

Posted on February 8, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that no trier of fact could reasonably find that the defendant had “harbored” her boyfriend based on the stipulated facts, noting that harboring was not the same as merely providing a place to stay.

https://www.uscis.gov/i-130

https://atomic-temporary-10880024.wpcomstaging.com/tag/updated-uscis-forms/

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CA9 Finds Petitioner Suffered Past Persecution as an Infant

Posted on February 8, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that the petitioner suffered past persecution as an infant in Guatemala where his indigenous family suffered severe persecution, and where the petitioner suffered serious deprivations directly attributable to the persecution.

https://www.uscis.gov/

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Assistant Attorney General Tony West Speech on State Immigration Laws

Posted on February 8, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

DOJ speech transcript from Assistant Attorney General Tony West’s speech at the American Constitution Society Sou

https://www.uscis.gov/laws-and-policy

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CA9 on Prosecutorial Discretion in Rehearing Cases

Posted on February 7, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court issued five published decisions on 2/6/12, each one ordering the government to advise the court whether it intended to exercise prosecutorial discretion in the case.

https://travel.state.gov/content/travel/en/us-visas.html

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CA7 on Particular Social Group in Albanian Asylum Case

Posted on February 7, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that the social group of “young Albanian women in danger of being trafficked for prostitution” lacked the common, immutable characteristic required of a particular social group.

https://www.americanimmigrationcouncil.org/research/asylum-united-states

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