Posted on July 6, 2021 by sethlerner1964
Attorney General Merrick Garland struck down two immigration opinions issued by previous Attorneys General under Trump, this reversing limits on who is eligible for asylum. The orders he signed vacated earlier decisions from Jeff Sessions and William Barr that limited asylum for victims of domestic violence as well as those seeking asylum based on ties to persecuted family members – something that could be particularly important to those from countries with serious gang violence. The move follows pressure from immigration advocacy groups to review all of the 17 attorney general-level immigration court decisions made under the Trump administration.
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https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
Filed under: asylum, Domestic Violence, trump | Tagged: attorney general, Domestic Violence, garland | Leave a comment »
Posted on April 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit upheld the BIA’s denial of asylum to the petitioner, finding that a reasonable adjudicator would not be compelled to find that the Guatemalan government was and would be unwilling or unable to protect the petitioner against her daughter’s abusive father.
Filed under: best deportation attorney | Tagged: abusive father, asylum, Domestic Violence | Leave a comment »
Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim
The First Circuit denied the petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse. Thus, the petitioner failed to meet the CAT definition of “torture” mandated for deferral of removal.
Filed under: best deportation attorney | Tagged: abuse, asylum, CAT, Convention Against Torture, Domestic Violence | Leave a comment »
Posted on December 24, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The district court issued an opinion finding that several of the credible fear policies articulated in Matter of A-B- and a subsequent Policy Memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. The court enjoined the government from continuing to apply the unlawful policies and from removing plaintiffs who are currently in the United States without first providing credible fear determinations consistent with the immigration laws. The court also ordered the government to return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations. (Grace v. Whitaker, 12/19/18)
Another one of Trumps polices struck down in Court
Filed under: best deportation attorney | Tagged: asylum, Domestic Violence, matter of a-b- | Leave a comment »
Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS’s new NTA policy and new restrictions on when immigration judges can issue continuances have made applying for a U visa a much riskier endeavor for undocumented crime victims, leading immigration attorneys to discourage them from applying in certain circumstances. Around 75% of those granted U visas are sexual assault, domestic violence, and human trafficking victims
Filed under: best deportation attorney | Tagged: deporttion proceedings, Domestic Violence, dv, notice to appear, NTA, U Visa | Leave a comment »
Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Answer: In this case, there is actually an unpublished case that allows this to go forward. However, even without this case, it is possible. You will have to define the social group differently. In this case, I can see some group similarly referencing women that are being beaten, but are in ‘common law’ marriages and/or who have kids that have suffered, etc.
Question: What if my country has laws against domestic violence? Will I not be able to apply?
Filed under: best deportation attorney | Tagged: asylum, child abuse, Domestic Violence, gender based asylum, transgender | Leave a comment »
Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Answer: In this case, there is actually an unpublished case that allows this to go forward. However, even without this case, it is possible. You will have to define the social group differently. In this case, I can see some group similarly referencing women that are being beaten, but are in ‘common law’ marriages and/or who have kids that have suffered, etc.
Question: What if my country has laws against domestic violence? Will I not be able to apply?
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Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of A-R-C-G- is a great BIA case that shows that women who are victims of domestic violence outside the U.S. have a chance to escape their persecution by coming to the U.S. and applying for asylum based on persecution of a particular social group.
Filed under: Immigration Attorney | Tagged: asylum, beating, Domestic Violence, Particular Social Group, Social Group, VAWA | 2 Comments »
Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of A-R-C-G- is a great BIA case that shows that women who are victims of domestic violence outside the U.S. have a chance to escape their persecution by coming to the U.S. and applying for asylum based on persecution of a particular social group.
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Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, beating, california asylum attorney, Domestic Violence, frivolous asylum application, Particular Social Group, Refugee and Asylee follow-to-Join cases, Social Group, VAWA | 2 Comments »
Posted on June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U visa certified by the Long Beach City’s Prosecutor for client who was a victim of domestic violence in 2002.
Filed under: Immigration Attorney | Tagged: Certification, Domestic Violence, u, U Visa | Leave a comment »
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