Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Finding that defendants “failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA’s notice and comment requirements,” the U.S. District Court for the Northern District of California set aside the DHS interim final rule (IFR), Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL IFR, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.
Filed under: best deportation attorney | Tagged: DHS, djhs, DOL, H-1B, h1b, Prevailing Wage | Leave a comment »
Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the Eastern District of New York granted the plaintiffs’ motion for summary judgment and found that Chad Wolf was not lawfully serving as DHS acting secretary under the Homeland Security Act when he issued the July 28, 2020, memo suspending DACA following the Supreme Court decision in DHS v. Regents of the University of California. Plaintiffs estimate there are 1.1 million undocumented immigrants who are prima facie eligible for DACA.
Filed under: best deportation attorney | Tagged: DACA, DHS, district court, reversal of daca decision, wold, wolf | Leave a comment »
Posted on October 30, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Acting DHS secretary Chad Wolf announced Monday that the U.S. will extend non-essential border travel restrictions through November 21. However, for the first time since DHS put the restrictions in place, Wolf left open the possibility of easing them in the future, saying “We are working closely with Mexico and Canada to identify safe criteria to ease the restrictions in the future and support our border communities.” The current travel restrictions have been in place since March as a response to the pandemic.
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Posted on October 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS issued an Interim Final Rule (IFR) regarding the H-1B visa program. The rule now restricts the program in several ways, including revising the definition of H-1B specialty occupation to include the requirement of a specific relationship between the required degree field and the duties of the offered position, and restores the requirement that employers provide contracts, work orders, itineraries or similar evidence to prove employer-employee relationship when sending H-1B workers to third party worksites. While this requirement was defeated in federal court, the rule restores the requirement. The IFR takes effect December 7, 2020.
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Posted on October 1, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Sustaining DHS’s appeal in part and remanding the record to the immigration judge, the BIA ruled that in assessing whether to admit expert witness testimony, an immigration judge should consider whether it is sufficiently relevant and reliable and, if it is admitted, how much weight it should receive and how probative and persuasive it is.
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Posted on September 3, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Tuesday, President Trump said he would be nominating current acting DHS Secretary Chad Wolf to the position permanently. This announcement comes after the Government Accountability Office found that Wolf’s appointment to the position of acting secretary failed to follow federal law.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Department of Homeland Security v. Thuraissigiam, the U.S. Supreme Court held that restrictions on the ability of asylum seekers to obtain review of expedited removal orders under a federal habeas statute do not violate the Constitution’s suspension clause or due process clause
Filed under: best deportation attorney | Tagged: asylum, DHS, Expedited Removal, Supreme Court, thuraissigiam, u.s. supreme court | Leave a comment »
Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last year, the Trump administration attempted to expand expedited removal to any alleged undocumented immigrant who had been present in the U.S. for less than two years. On June 23, the D.C. Circuit overturned an injunction that had blocked the policy from being implemented. This means that the Trump administration may go forward with the policy and bypass immigration judges for many deportation cases. Part of the court’s reasoning was that the policy was not covered by the Administrative Procedure Act and therefore the DHS secretary had sole discretion in this area.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, USCIS published a final rule making multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. The rule is effective on August 25, 2020. On the Immigration Impact blog, the American Immigration Council’s Aaron Reichlin-Melnick writes that the rule “will strip most asylum seekers of the right to seek work authorization” and that, in response to concerns that the rule would force many into desperate straits, DHS suggested that asylum seekers become familiar with state homelessness resources.
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Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS recently sent out conflicting information on how asylum seekers in Mexico would receive new immigration court dates. First, DHS told asylum seekers to come to a port of entry one month after their originally scheduled court date in order to receive a new hearing date. A week later, DHS sent a notice out telling some asylum seekers to report on their original court date to receive a new date. Later, DHS clarified that the first instruction was the correct one. The DHS official who sent out the conflicting information said that it was due to an “unintentional internal disconnect” within DHS.
Filed under: best deportation attorney | Tagged: asylum, court date, DHS, Immigration Court, remain in mexico | Leave a comment »
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