Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that a 31-year-old U.S. citizen who was born in an Indonesian refugee camp filed a lawsuit in federal court on Tuesday to challenge a newly amended Louisiana law that blocked him from obtaining a marriage license because he couldn’t produce a birth certificate. The law requires any foreign-born person wanting to get married in Louisiana to produce both a birth certificate and an unexpired visa or a passport from their country of birth. The suit alleges that the law violates the plaintiff’s constitutional rights and was intended to discriminate against foreign-born individuals.
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https://cbocalbos.wordpress.com/tag/defense-of-marriage-act-supreme-court/
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https://californiaimmigration.us/marriage-based-visa-denial-proceedure/
Filed under: marriage license | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, marriage, refugee, u.s. citizen | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
After referring Matter of Chairez and Matter of Sama to herself for review of an issue relating to Descamps v. United States, and after inviting amicus briefs addressing the proper approach for determining “divisibility” within the meaning of Descamps, the Attorney General (AG) lifted the stay and remanded the two cases to the BIA for any appropriate action in light of the U.S. Supreme Court’s June 23, 2016, decision in Mathis v. United States.
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https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/
Filed under: Matter of Chairez and Matter of Sama | Tagged: BIA, bia board of immigration appeals, categorical approach, chairez, descamps, devisibility, Immigration, Immigration Attorney, Immigration Lawyer, mathis, sama | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that IJs lack the authority to adjudicate a request for a waiver of inadmissibility under INA §212(d)(3)(A)(ii) by a petitioner for U nonimmigrant status. The BIA also concluded that the Seventh Circuit’s decision in L.D.G. v. Holder did not expressly find the language of §212(d)(3)(A) to be unambiguous, which would have left no room for agency discretion. Accordingly, the BIA will apply its ruling in this decision to cases nationwide, including cases arising in the Seventh Circuit.
https://californiaimmigration.us/nonimmigrant-waiver-by-u-s-immigration-attorney/
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Filed under: waiver | Tagged: 212(d)(3), Deportation, IJ, Immigration, Immigration Attorney, Immigration Lawyer, non-immigrant waiver, nonimmigrant waiver, waiver | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As of May 2, 2016, USCIS had receipted 32,620 beneficiaries towards the 33,000 cap for the second half of FY2016. This count includes 26,426 approved and 6,194 pending beneficiaries.
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https://californiaimmigration.us/visas/h-2b-temporary-worker/
Filed under: H-2B | Tagged: cap, H-2B, h2b, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit concluded that the BIA abused its discretion when it found that the circumstances attendant to the entry of an in absentia removal order against a young undocumented immigrant who was ill-served by two attorneys were not exceptional. Accordingly, the court remanded to the BIA with instructions to set aside the in absentia removal order and reopen the petitioner’s removal proceedings.
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https://californiaimmigration.us/removal/
Filed under: Removal | Tagged: abuse of discretion, BIA, iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assitance of oucel, Removal | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on August 18, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the Flores settlement agreement applies to both minors who are accompanied and unaccompanied by their parents, and that the lower court correctly refused to amend the agreement to accommodate family detention. The court also found that the lower court erred in interpreting the agreement to provide an affirmative right to release for accompanying parents, but did not preclude such release, and explicitly made no determination about whether DHS is making otherwise appropriate and individualized release determinations for parents.
Family detention
Detention
Detained?
Stay in the U.S with your family
Filed under: Immigration Attorney | Tagged: family detention, Family Petition, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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