Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that DHS officials considered arresting thousands of migrant families who had final deportation orders and removing them from the United States in a flashy show of force. The proposal was intended to deter other migrants but was put aside at the time because of concerns about diverting resources from the border, a lack of detention space, and the possibility of renewed public outrage over treatment of families.
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Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
NBC reports it obtained a draft plan that shows officials wanted to specifically target parents in migrant families for increased prosecutions, contradicting previous statements from the administration claiming it had no policy of separating families but was simply enforcing the law. The copy of the draft plan obtained by NBC also includes comments showing that officials considered speeding up migrant children’s deportations by denying them asylum hearings after separating them from their parents.
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Posted on December 6, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Visa approved for Client whose marriage visa was denied at the U.S. consulate, who then reentered the U.S. unlawfully and was ordered removed from the country. After all appeals were denied, Client applied for a U visa and several stays of removal. Client can now remain in this country with his children and become a lawful permanent resident in 3 years.
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Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
an order issued by a federal judge in San Diego this morning to temporarily stop the government from deporting families who were separated at the border for at least one week after reuniting them.
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Posted on June 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fourth Circuit denied the petition for review, holding that an individual subject to a reinstated order of removal may not apply for asylum, even when the factual basis for the asylum claim did not exist prior to the original removal.1:22 AM
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Posted on April 16, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eleventh Circuit held that the BIA did not err in concluding that the petitioner was ineligible for cancellation of removal because his Florida conviction for sale of cocaine constituted illicit trafficking within the meaning of INA §101(a)(43)(B).
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Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The National Association of Immigration Judges (NAIJ) stated that it opposes EOIR’s plan to evaluate immigration judges (IJs) using numerical measures such as performance quotas, stating that “If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts.” NAIJ also submitted a statement to the Senate Judiciary Committee Oversight Hearing on the DOJ urging Congress to exempt IJs from performance reviews, noting Administrative Law Judges are already exempt because quotas are “antithetical to judicial independence.” Another attempt by Trump to limit constitutional rights of immigrants
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Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The deportation rates of undocumented immigrants have increased in the federal Immigration Court for the first time in eight years as President Trump starts to make good on his promise to expel millions of people. But even as the Trump administration expands its dragnet, the court is so backlogged that some hearings are being scheduled as far in the future as July 2022
Thus, as Trump will see, you cannot just kick everybody out of the country. The US gives rights to people.
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Posted on September 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Trump administration is weighing a new policy that would fast-track the deportation of thousands of Central American teenagers who arrived at the southern border, unaccompanied by adults. This new policy would call for the expedited deportation of more than 150,000 young people currently protected by the Unaccompanied Alien Children (UAC) program, many of whom arrived at the southern border, escaping violence and poverty in El Salvador, Honduras, and Guatemala. Under the plan being discussed, teens in this group would be sent back to their countries when they turn 18 under a fast-track deportation, preventing them from seeing an immigration judge before they are deported
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Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that a failure to satisfy the warning requirements of 8 CFR §240.25 does not preclude a finding of voluntary departure under threat of deportation sufficient to break the 10-year period of continuous presence required to be eligible for cancellation of removal. The court thus found that the petitioner was not eligible for cancellation of removal under INA §240A(b), because he voluntary departed the United States under a threat of deportation in March 2001, thus breaking his continuous presence in the country.
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