Posted on November 3, 2021 by sethlerner1964
The Supreme Court agreed to take up the government’s appeal of a ruling that allowed undocumented immigrants to seek release on bond after six months in custody while challenging their deportations. In April 2020, the Ninth Circuit ruled that bond hearings were required for immigrants who had been arrested after entering the U.S. and who credibly claimed that they would face persecution or torture. Lawyers say the ruling could apply to thousands in ICE custody. However, DHS filed an appeal claiming that the six-month hearings could encourage fleeing after release. Although the appeal was filed by the Trump administration, the Biden administration has not withdrawn the suit and will argue the case next year.
https://www.ice.gov/sites/default/files/documents/Document/2017/i352.pdf
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Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
the State Department announced a new pilot program which would require foreign citizens to put up thousands of dollars to secure visitor visas as a crackdown on visa overstays. The six-month pilot is set to being in December, and would permit consular officers to require applicants for B-1 tourist visas or B-2 business visas from countries with overstay rates higher than 10% to put up a “visa bond,” which will range from $5,000 to $15,000. The pilot will primarily target countries in Africa and the Middle East, however, an incoming Biden administration may be able to end the pilot program early.
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Posted on April 10, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld a ruling blocking a policy that categorically denied bond hearings to asylum seekers, targeted at individuals who immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.
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Posted on July 8, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Padilla v. ICE, a district court judge issued a decision that requires immigration courts to continue to provide bond hearings to individuals fleeing persecution who enter the United States without inspection, are placed in expedited removal proceedings, and pass their credible fear interviews. The decision is set to take effect on July 16, 2019.
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Posted on April 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Padilla v. ICE, the court issued a preliminary injunction requiring the government to provide certain detained asylum seekers with a bond hearing within seven days of a bond hearing request and to release those individuals whose detention time exceeds that limit.
Filed under: best deportation attorney | Tagged: asylum, bond, bond hearing, Detention, ICE, immigration detention | Leave a comment »
Posted on October 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit affirmed the district court’s order granting a preliminary injunction in favor of the plaintiffs, a class of noncitizens in removal proceedings who are detained under INA §236(a) in the Central District of California and are unable to afford the amount of bond set by immigration officials. Finding that the plaintiffs were likely to succeed on the merits of their due process claim, the court held that the district court did not abuse its discretion in granting a preliminary injunction requiring immigration officials when making bond determinations to, among other things, consider (1) financial ability to obtain bond and (2) alternative conditions of release.
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Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
There are indications that ICE has revoked a policy issued in August 2016 recommending that pregnant people “generally not be detained” and is currently detaining pregnant people “at the rate of one per day.” Cases of pregnant women being detained by ICE have been detailed in an administrative complaint filed with DHS on behalf of these women.
Filed under: best deportation attorney | Tagged: bond, detainer, Detention, H-1b's to open up in April, ICE, pregnant woman | Leave a comment »
Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit affirmed the district court, finding that a reinstated removal order is not final during the pendency of withholding-only proceedings, and thus, the detention of individuals with reinstated orders of removal and in withholding-only proceedings is governed by INA §236(a), which permits release on bond.
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Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- In a precedent decision issued today, the BIA held that, in determining whether a noncitizen presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an IJ should consider both direct and circumstantial evidence of dangerousness, including whether the facts and circumstances present national security considerations. Accordingly, the BIA affirmed the IJ’s denial of the respondent’s request for release on bond, finding that he failed to show that, based on the totality of the facts and circumstances presented, he did not present a danger to the community pursuant to INA §236(a).
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Posted on August 8, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a decision issued yesterday, the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s Bivens action against various government officials, holding that no Bivensremedy is available to a plaintiff who claims that immigration officials unconstitutionally prolonged his detention. The plaintiff had been ordered removed, and although ICE does not effectuate removals to Cuba, he remained in ICE custody for an amount of time greatly exceeding the 90-day statutory period for removal, from November 25, 2008, until October 21, 2009.
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