Posted on September 11, 2018 by Brian D. Lerner
Matter of L‑A‑B‑R‑, which outlined when immigration judges (IJs) may grant continuances; Matter of Castro‑Tum, which limited IJs authority toadministratively close a case; and Matter of A‑B‑, which narrowed the criteria for demonstrating membership in a particular social group.
Sessions is trying to turn the Immigration Courts into puppet institutions that just deport people without regard to real representation.
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Filed under: best deportation attorney | Tagged: Due Process, Immigration Court, Immigration Judges, Sessions | Leave a comment »
Posted on September 26, 2017 by Brian D. Lerner
Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017)
(1) The primary consideration for an Immigration Judge in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed and be resolved on the merits. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), clarified.
(2) In considering administrative closure, an Immigration Judge cannot review whether an alien falls within the enforcement priorities of the Department of Homeland Security, which has exclusive jurisdiction over matters of prosecutorial discretion.
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Filed under: best deportation attorney | Tagged: administrative closure, Immigration Court, termination | Leave a comment »
Posted on August 28, 2017 by Brian D. Lerner
The Eighth Circuit denied the petition for review, holding that a failure to satisfy the warning requirements of 8 CFR §240.25 does not preclude a finding of voluntary departure under threat of deportation sufficient to break the 10-year period of continuous presence required to be eligible for cancellation of removal. The court thus found that the petitioner was not eligible for cancellation of removal under INA §240A(b), because he voluntary departed the United States under a threat of deportation in March 2001, thus breaking his continuous presence in the country.
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Filed under: best deportation attorney | Tagged: Cancellation of Removal, Deportation, Immigration Court | Leave a comment »
Posted on August 8, 2017 by Brian D. Lerner
The Associated Press reports that the Ninth Circuit Court of Appeals ruled on Wednesday that two laws passed by Congress didn’t end the right to a bond hearing for unaccompanied immigrant children detained by federal authorities. The court said that immigrant children who cross the border without their parents have the right to a court hearing to challenge any decision to detain them instead of turning them over to family in the United States. The ruling is especially prescient since a reported tens of thousands of unaccompanied children fleeing gang and drug violence in Guatemala, Honduras, and El Salvador have entered the United States in recent years.
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Filed under: best deportation attorney | Tagged: bond hearing, court hearing, detained children, Immigration Court | Leave a comment »
Posted on August 4, 2017 by Brian D. Lerner
The en banc court denied the petition for review, concluding that the petitioner was ineligible for cancellation of removal on the ground that he failed to establish good moral character because, during the requisite period, he had been a “habitual drunkard.” The court further held that the term “habitual drunkard” was not unconstitutionally vague, because it readily lends itself to an objective factual inquiry.
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Filed under: best deportation attorney | Tagged: Cancellation of Removal, habitual drunkard, Immigration Court | Leave a comment »
Posted on August 4, 2017 by Brian D. Lerner
In a memorandum dated July 31, 2017, Chief Immigration Judge MaryBeth Keller reminds Immigration Judges that in all situations in which a continuance is granted at a hearing, they must make the reason(s) for the adjournment clear on the record by stating the reasons orally or by setting forth in writing the reason(s) in an order. Further, the memo states that “it is critically important that Immigration Judges use continuances appropriately and only where warranted for good cause or by authority established by case law.”
Thus, continuances are harder to obtain now in Immigration Court
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Filed under: best deportation attorney | Tagged: Continuances, EOIR, Immigration Court | Leave a comment »
Posted on August 1, 2017 by Brian D. Lerner
Yesterday, the U.S. District Court for the Western District of Washington converted its temporary restraining order (TRO) into a preliminary injunction, which prohibits the enforcement of 8 CFR §1003.102(t) against Northwest Immigrant Rights Project (NWIRP) and other nonprofit organizations who self-identify and disclose their assistance on pro se filings. The court had issued a nationwide TRO on May 17, 2017, enjoining EOIR from enforcing a cease-and-desist letter ordering NWIRP not to provide immigrants with any legal assistance in connection with matters before EOIR without entering Form EOIR-28, and from issuing such letters to other organizations.
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Filed under: best deportation attorney | Tagged: eori, Immigration Court, tro | Leave a comment »
