Posted on April 1, 2021 by sethlerner1964
Posted on January 24, 2021 by sethlerner1964
A district court judge issued a nationwide stay of the effective date of the December 18, 2020, EOIR final fee rule and a preliminary injunction to enjoin most of its implementation. The rule was set to go into effect today, January 19, 2021. Accordingly, fees will stay the same for BIA appeals from IJ decision (EOIR-26), BIA appeals from decision of DHS officer (EOIR-29), BIA motions to reopen, applications for LPR cancellation (EOIR-42A), applications for non-LPR cancellation (EOIR-42B), and applications for suspension of deportation (EOIR-40). The court did not enjoin the fee for immigration court motions to reopen, attorney disciplinary appeals, or the $50 asylum fee, the latter of which is currently enjoined nationwide by two other courts.
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Filed under: Immigration Court | Tagged: court ruling, district court, EOIR, filing fees, usdc | 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 September 3, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the District of Columbia vacated the Minimum Service Requirements in DOD’s N-426 policy, which required noncitizens in the military to meet certain durational and type-of-service requirements before obtaining a Form N-426, Certification of Honorable Service.
Filed under: best deportation attorney | Tagged: district court, Military Naturalization, usdc, vacate | Leave a comment »
Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the District of Maryland issued a class-wide preliminary injunction prohibiting federal immigration officials from arresting, detaining, or removing noncitizens who have final orders of removal and who are married to U.S. citizens at I-130 marriage interviews. The court also ordered ICE to release from custody all noncitizen petitioners and proposed class members, including release from orders of supervision and immigration detention.
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Filed under: I-130 | Tagged: Approved I-130, arrest at immigration interview, district court, I-130, i-130 for gay marriages, I130, usdic | Leave a comment »
Posted on September 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. District Judge Jon Tigar issued an order restoring the nationwide scope of his July 24, 2019, order enjoining the government from taking any action continuing to implement the July 16, 2019, DHS and DOJ joint interim final rule establishing a mandatory bar to asylum eligibility for persons who transit through a third country and enter or attempt to enter the United States via the southern border without having applied for protection in a third country, pending final judgment or further order of the court
Filed under: best deportation attorney | Tagged: asylum 2.0, district court, third country national, trump asylum barred | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the District of Arizona issued an order finding that CBP is violating the constitutional rights of immigration detainees by holding them in conditions of confinement that fail to meet their basic human needs, and directing CBP to take certain steps to improve conditions in those facilities, known as hieleras. The injunction stems from a class action lawsuit filed in June 2015 by a group of immigration detainees who alleged that they were subjected to inhumane and punitive conditions during their confinement in Tucson Sector CBP holding facilities.
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Filed under: Haitians Detainees | Tagged: asylum detainee, cbp, Detainee, detainees, Detention, district court, Haitians Detainees, Immigration Attorney, immigration detainees, immigration detainer, Immigration Detainers, immigration detention, Immigration Lawyer, transferring detainees | Leave a comment »
Posted on September 19, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An equally divided en banc First Circuit affirmed the U.S. District Court for the District of Massachusetts, holding that the bar to bonded release found in the detention mandate in INA §236(c) applies only to those specified criminal undocumented immigrants whom the Attorney General took into custody when they were released from criminal custody. The court concluded that the two petitioners were not taken into immigration custody when they were released from criminal custody, because they had been released from criminal custody years before their immigration custody began. As a result, the court found that the detention mandate did not bar either petitioner from seeking release on bond pursuant to the Attorney General’s discretionary release authority.
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Filed under: Immigration Attorney | Tagged: Detention, district court, first circuit, immigration detention, mandatory detention | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Friday, August 21, 2015, U.S. District Judge Dolly Gee issued an order in Flores v. Johnson, ruling that children should generally be released from family detention within five days—preferably to a parent, including a parent with whom they were apprehended. The government must implement the court’s ruling by October 23, 2015.
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Filed under: family detention | Tagged: Detention, detention of children, district court, flores v. Johnson, Immigration, Immigration Attorney, immigration detention, Immigration Lawyer | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office for Immigration Review (EOIR) issued a security directive prohibiting use by the public of electronic devices, including cell phones, cameras, laptops, tablets, and MP3 players, in EOIR space, encompassing courtrooms, entrances/exits, corridors, conference rooms, and waiting areas. Attorneys or representatives of record, active members of a State Bar, and DHS attorneys representing the government in proceedings before the EOIR are permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court or business activities.
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Filed under: Immigration Court | Tagged: cell phone, district court, electronic devices, EOIR, Immigration, Immigration Attorney, Immigration Court, Immigration Lawyer, Supreme Court, us district court, US Supreme Court | Leave a comment »
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