Posted on April 27, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The National Association of Immigration Judges (NAIJ) submitted a motion to file an amicus brief in NIPNLG, et. al. v. EOIR, et. al., a case filed by AILA, the Immigration Justice Campaign, the National Immigration Project of the National Lawyers Guild (NIPNLG), and several detained individuals challenging EOIR’s operation of in-person immigration court hearings and ICE’s conditions of confinement during the COVID-19 pandemic. Law360 reports that, according to the NAIJ, more than half of the immigration courts nationwide have so far reported contact with confirmed COVID-19 patients or contact with individuals experiencing COVID-19 symptoms. Plaintiffs also submitted a supplemental brief in support of their emergency motion for a temporary restraining order in the case.
Filed under: best deportation attorney | Tagged: corona virus, covid, covid 19, EOIR, Immigration Court | Leave a comment »
Posted on April 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
on this BIA case:
The Board of Immigration Appeals has issued a decision in Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020).
Headnotes:
(1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition and, if he or she is accompanying the applicant to the country of removal, that adequate medical care for the claimed condition is not reasonably available in that country.
(2) The Immigration Judge properly determined that the respondent did not establish eligibility for cancellation of removal because he did not demonstrate that his qualifying relatives will experience hardship, including medical, economic, and emotional hardship, that rises to the level of exceptional and extremely unusual.
Read full decision at https:/
I don’t see how that changes anything
(1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition and, if he or she is accompanying the applicant to the country of removal, that adequate medical care for the claimed condition is not reasonably available in that country.
(2) The Immigration Judge properly determined that the respondent did not establish eligibility for cancellation of removal because he did not demonstrate that his qualifying relatives will experience hardship, including medical, economic, and emotional hardship, that rises to the level of exceptional and extremely unusual.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, cancellation for removal, Extreme Hardship, Immigration Court | Leave a comment »
Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
19-year old Kevin Euceda came to the U.S. and applied for asylum 3 years ago. While he was detained for nearly 3 years, he was ordered to attend mandatory therapy sessions. During the confidential therapy sessions, he told the therapist about his history of physical abuse, neglect, and former gang affiliation in Honduras. In court, ICE used these confidential therapy notes against him; Kevin’s case is currently under appeal. Other asylum seekers’ therapy notes have been used against them as well. The information sharing is technically legal, but psychologists say the policy breaks important doctor-patient confidentiality.
Filed under: best deportation attorney | Tagged: asylum, confidentiality, Immigration Court, therapy notes | Leave a comment »
Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
During the recent hearing in the House Subcommittee on Immigration and Citizenship, Congresswoman Sheila Jackson Lee of Texas pointed out that the Executive Office for Immigration Review (EOIR) has been hiring immigration judges with no immigration experience. The immigration judge vacancy announcement does not list any immigration law experience as a requirement for the position. Out of 28 judges who were recently sworn in, 11 had no immigration law experience.
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Filed under: Immigration | Tagged: Immigration, Immigration Attorney, Immigration Court, Immigration Judge, Immigration Lawyer | Leave a comment »
Posted on December 29, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CNN reports that over the past year, nearly double the number of immigration judges left their positions in comparison with fiscal years 2018 and 2017. While the reasons for individual judges moving on from their posts vary, interviews with judges who left in recent months reveal a common theme of frustration over a mounting number of policy changes that, they argue, have chipped away at their authority.
Filed under: best deportation attorney | Tagged: Immigration Court, Immigration Judge, trump policy | Leave a comment »
Posted on December 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
We Build the Wall is a private group supporting the president and his building of the barrier along the U.S.-Mexico border. The group raised money to build a small section of private border wall. The National Butterfly Center, located near the planned wall, sued to stop its construction. On Tuesday, a Texas judge issued a preliminary injunction, blocking construction. In the order, Judge Keno Vasquez said that building the barrier could cause “imminent and irreparable harm” to the 100-acre wild butterfly habitat. The founder of We Build the Wall said he had not heard anything about the order, and that it was “more fake news.”
Filed under: best deportation attorney | Tagged: Immigration Court, Texas Immigration, the wall | Leave a comment »
Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last week, Syracuse University published findings that millions of records are missing from public reports, and that the objective data does not match DOJ reports. These inconsistencies include incorrectly formatted documents leading to unreadable data and millions of records disappearing between the EOIR’s own record releases. The immigration judges union supported the university’s claims, saying that the records do conflict with their experiences.
Filed under: best deportation attorney | Tagged: EOIR, IJ, Immigration Court, Immigration Judge | Leave a comment »
Posted on September 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR has begun replacing interpreters at master calendar hearings with prerecorded video advisals. The videos have been rolled out in San Francisco, Los Angeles, Miami, and New York. The San Francisco Chronicle obtained transcripts of the separate videos that are played for immigrants who are in detention and not in detention, as well as a frequently asked questions handout they receive.
Filed under: best deportation attorney | Tagged: Due Process, Immigration Court, interpreter, video recording | Leave a comment »
Posted on August 26, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Lawful Permanent Resident granted stand-alone 212(h) waiver after 10 years in Immigration Court. Client was placed in removal proceedings after returning to the U.S. from a trip abroad because of several California theft convictions. Client also had previous theft/fraud convictions and an order of deportation.
Filed under: best deportation attorney | Tagged: 212(h), criminal waiver, Deportation, fraud convictions, Immigration Court, lawful permanent resident, LPR | Leave a comment »
Posted on April 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit remanded for the BIA to explain why it denied the petitioner’s motion to reopen and reconsider after the petitioner had provided proof of his filing of a U visa application, when Matter of Sanchez-Sosa suggests that a completed application weighs in favor of pausing the removal process to await adjudication of the U visa.
Filed under: best deportation attorney | Tagged: 89th circuit, 8th circuit (above), BIA, board of immigration appeals, eighth circuit, Immigration Court | Leave a comment »
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