The Department of State (DOS) issued guidance on where applicants can file the DS-117 Application to Determine Resident Status, how post should process applications, and new procedures for the creation of a permanent refusal record for denied applications.
Filed under: Department of State (DOS), Immigration Attorney, Immigration Lawyer, Resident Status, USCIS | Tagged: Department of State (DOS), Immigration Attorney, Immigration Lawyer, Resident Status, USCIS | Leave a comment »
The ETA OFLC developed a new web-based tool, the H-2A Job Registry, allowing the public to search and retrieve temporary agricultural jobs. This new tool was developed to comply with new DOL H-2A regulations.
Filed under: H-2A | Tagged: Department of Labor (DOL), DHS advance copy of a notice on the identification of foreign countries in the H-2A and the H-2B nonimmigrant worker programs, Employment and Training Administration (ETA), H-2A, H-2A and the H-2B Nonimmigrant Worker Programs, H-2A back pay/civil penalty case, h-2a h2a h2b h-2b work permit, H-2A Petitioners on prohibited fees, H-2A temporary visa holders, Immigration Attorney, Immigration Lawyer, USCIS | Leave a comment »
The DOL Employment and Training Administration (ETA) announced that the National Electronic Job Registry (job registry) in which H-2A job orders will be posted and available to the public will be operational on July 8, 2010.
Filed under: Department of Labor (DOL), Employment and Training Administration (ETA), Immigration Attorney, Immigration Lawyer, National Electronic Job Registry | Tagged: Department of Labor (DOL), Employment and Training Administration (ETA), Immigration Attorney, Immigration Lawyer, USCIS | Leave a comment »
The U.S. Department of Justice (DOJ) announces that it has filed a lawsuit challenging Arizona’s SB1070 legislation on immigration.
Filed under: Department of Justice (DOJ), Immigration Attorney, Immigration Lawyer, Lawsuit, USCIS | Tagged: Department of Justice (DOJ), Immigration Attorney, Immigration Lawyer, Lawsuit, los angeles immigration attorney | Leave a comment »
Question: I have a friend who is in detention and I am being told he cannot get out because of mandatory detention. Can you elaborate what this is and why is he not permitted to exit?
Answer: After 1996, the Immigration Laws were much more severe, including a very wide based mandatory detention policy. However, and finally, a case has just been issued by the BIA (Board of Immigration Appeals) which softens and narrows the mandatory detention policy.
The basic facts of the case is as follows. Luis Felipe Garcia-Arreola is a long-time permanent resident with a drug conviction. This conviction makes Mr. Garcia-Arreola deportable but eligible for 212(c) relief. After getting arrested on a domestic assault and transferred to ICE custody, ICE sought mandatory detention pursuant to INA § 236(c) and Matter of Saysana, the case which originated the mandatory detention policy.
In a brave decision, Immigration Judge Teresa Holmes-Simmons distinguished Saysana with the facts of Mr. Garcia Arreola’s case and recognized that Saysana had been universally rejected by Federal District Courts. DHS appealed and during this time, the Saysana case itself was rejected by the First Circuit Court of Appeals. DHS then changed its position and retreated. Finally, the BIA overruled Saysana!
The good news: the holding specifically states that mandatory detention applies where there has been a (a) release (b) from non-DHS custody (c) after October 8, 1998, (d) that is “directly tied” to the basis for detention under INA §§ 236(c)(1)(A)–(D).
The bad news: Primarily because it was unaddressed by the parties, the Board left standing another horrible mandatory detention decision – Matter of Rojas, 23 I&N Dec. 117 (BIA 2001), a deeply-divided Board decision which concluded mandatory detention applies even if ICE fails to assume custody of an alien “when released.”
The Board’s “resort to contortions” in Rojas and Saysana has only resulted in creating more chaos in our immigration detention system and wasted hours and resources on needless litigation, all in an effort to prevent an Immigration Judge from exercising discretion in bond redetermination decisions. See Rojas, 23 I&N Dec. at 130 (dissent).
Thus, while there is good news in the issuance of this decision of narrowing the mandatory detention policies, there is work to do and we should continue to fight in the courts and the BIA to get other similarly bad decisions vacated or overruled.
Filed under: Immigration Attorney, los angeles deportation lawyer, los angeles immigration attorney, los angeles immigration lawyer | Tagged: Immigration Attorney, Immigration Lawyer, mandatory detention | Leave a comment »
Another win for the Law Offices of Brian D. Lerner, APC: Person just granted adjustment of status. It turns out that our client has two criminal charges in his record [I don’t know if the office was aware of this]- the client denied any criminal past on multiple occassions and upon the officer’s insistence he first admitted to being arrested for a Domestic Violence dispute in Torrance and, upon further insistence by the officer, who specifically asked if anything transpired in FL, he then admitted that he also had an issue (not sure if assault) in FL. The officer gave us the case number for the FL incident 102-883 12/13/98 and requested certified copy of the disposition of both incidents (client later told me he believes he was given 1 year probation for the DV but is not sure and that he never mentioned the FL incident because the judge told him it was dismissed).
Conditional parolee not eligible for adjustment of status
Filed under: Adjustment of Status | Tagged: adjusment of status, adjust status, adjustment, Adjustment of Status, Criminal Charges, Immigration Attorney, Immigration Lawyer, USCIS | 2 Comments »
Section 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(c) (2006),requires mandatory detention of a criminal alien only if he or she is released from non-DHS custody after the expiration of the Transition Period Custody Rules (“TPCRâ€) and only where there has been a post-TPCR release that is directly tied to the basis for detention under sections 236(c)(1)(A)–(D) of the Act. Matter of Saysana, 24 I&N Dec. 602 (BIA 2008), overruled; Matter of Adeniji
Immigration lawyer can help you
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Ninth overrules in favor of asylee. Court of appeals had jurisdiction to review determination that petitioner did not timely file his asylum application where the underlying fact that petitioner arrived in the United States less than one year before filing his asylum application was undisputed. Petitioner’s testimony that that he hid in China until less than one year before he applied for asylum was clear and convincing evidence that he did so, and immigration judge erred in concluding that proof of an exact arrival date was necessary. Immigration judge did not err in denying request for withholding of removal on the basis that petitioner had not established a likelihood that he would be subject to persecution where Chinese authorities searched for petitioner only on account of his assistance to a Falun Gong practitioner, not his political opinion or religion. Petitioner did not qualify for protection under the Convention Against Torture where the actions of Chinese authorities suggested, at most, that he might be subject to interrogation or punishment for his assistance to the escapee. Lin v. Holder
Filed under: asylum | Tagged: asylee, asylum, Asylum Application, asylum attorney, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Petition for my husband who entered the us legally – Avvo.com http://ping.fm/fqIvM
Find a good Immigration Lawyer to help you
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I petioned my wife we filed an I-130 and that was accepted in july of 2007 now we don’t know what to do. she entered illegally. – Avvo.com http://ping.fm/u8pMr
Filed under: I-130 | Tagged: I-130, I-130 Filing Locations, i-130 for gay marriages, I130, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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