Posted on August 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last Friday, DOJ petitioned the Federal Labor Relations Authority (FLRA) in an effort to strip immigration judges of their right to be represented by a union. AILA Executive Director Benjamin Johnson called the petition “an effort to suppress the voices of immigration judges, who have denounced DOJ efforts to strip their authority.” House Judiciary Committee Chair Jerrold Nadler (D-NY) and Subcommittee on Immigration and Citizenship Chair Zoe Lofgren (D-CA) criticized the administration’s move to decertify the National Association of Immigration Judges, announcing plans to hold hearings to “develop a foundation for legislation to create an independent immigration court.”
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Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Attorney General Jeff Sessions announced that DOJ is allocating 311 new Assistant United States Attorneys to assist in priority areas, including 35 additional immigration prosecutors. This is the largest increase of new Assistant U.S. Attorneys in decades.1:02 AM
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Posted on January 31, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOJ announced that it sent letters to 23 cities, counties, and states as part of a review of 8 U.S.C. 1373 compliance, demanding the production of documents that could show whether each jurisdiction is restricting information sharing with federal immigration authorities. The letter states that recipient jurisdictions that fail to respond will be subject to a DOJ subpoena.
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Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of CALCANO DE MILLAN, 26 I&N Dec. 904 (BIA 2017)
For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.
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Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.
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