Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in the Washington Post shares the immigration story of Miguel Aguilar, who at age 11 fled his hometown in Mexico to escape escalating violence, and who now plays professional soccer for the D.C. United team. Two-and-a-half years ago, Mr. Aguilar was granted DACA, and is believed to be the first DACA recipient to sign a major league sports contract.
#DACA
No ruling in case deciding fate of DACA
DACA attorney
The various requirements on physical presence in DACA?
Filed under: DACA | Tagged: DACA, deferred action, Immigration, Immigration Attorney, Immigration Lawyer, miguel aguilar | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the Board of Immigration Appeals (BIA) found that Immigration Judges (IJs) must notify asylum applicants of the biometrics requirements, the deadline for complying with the requirements, and the consequences of noncompliance. The BIA also held that neither IJs nor the BIA has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
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https://californiaimmigration.us/asylum/
Filed under: asylum | Tagged: asylum, BIA, biometrics information, IJ, Immigration, Immigration Attorney, Immigration Judge, Immigration Lawyer | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Politico reports that three judges from the U.S. Court of Appeals for the D.C. Circuit ruled unanimously on Friday that Maricopa County Sheriff Joe Arpaio lacked legal standing to challenge President Obama’s executive actions on immigration. Judge Nina Pillard wrote that the Arizona sheriff’s theories about how his office would be impacted by DAPA and expanded DACA were too conjectural and conclusory to allow him to move forward with the case: “Sheriff Arpaio’s content99ion is, at bottom, premised on the speculative prediction that DACA and DAPA will create incentives on third parties to behave in misinformed or irrational ways that would harm him.”
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https://californiaimmigration.us/immigration-reform-dapa/
Filed under: dapa | Tagged: arizona sheriff, dapa, Immigration, Immigration Attorney, Immigration Lawyer, lawsuite against dapa, maricopa county | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In light of Mellouli v. Lynch, the Ninth Circuit found that the Nevada statute under which the petitioner was convicted for misdemeanor possession of drug paraphernalia was overbroad, because it penalizes possession of paraphernalia in connection with substances not controlled under federal law. Thus, the court held that the petitioner was not categorically barred from seeking cancellation of removal, and remanded for the Board of Immigration Appeals (BIA) to consider, in the first instance, the potential application of the modified categorical approach, as well as the merits of the petitioner’s cancellation of removal application.
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https://californiaimmigration.us/can-i-be-deported-for-this-crime/
Filed under: crimes | Tagged: deportable, drug crim, drug offense, drug paraphernalia, drug paraphernalia crime, Immigration, Immigration Attorney, Immigration Lawyer, possession, removable | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, USCIS posted a policy memorandum with consolidated and authoritative guidance on the L-1B program to be used by USCIS employees for all L-1B petitions pending or filed with USCIS on or after August 31, 2015. Included in the memo is a list of prior L-1B memoranda that are superseded and rescinded. Topics discussed include the “preponderance of the evidence” standard, the definition and application of “specialized knowledge,” offsite L-1B employment, and readjudication of L-1B status.
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https://californiaimmigration.us/investment-visas/l-1-intracompany-transferee/
Filed under: L-1B Provisions | Tagged: immigrant visa petition, Immigration, Immigration Attorney, Immigration Lawyer, intracompany transferee petition, L-1B, l1b, specialized worker | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA vacated the Certifying Officer’s denial and found that, although the ETA 9089 stated that the Employee Referral Program (ERP) commenced prior to the prevailing wage validity period, recruitment under the pre-existing ERP actually began within the prevailing wage validity period, when the employees became aware of the vacancy for purposes of making a referral.
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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/
Filed under: Employee Referral Program (ERP) | Tagged: Board of Alien Labor Certification Appeals (BALCA), conviction, employment based immigration, ETA, Immigration, Immigration Attorney, Immigration Lawyer, PERM | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review, holding that the petitioner was entitled to equitable tolling of his untimely motion to reopen, because his lawyer’s advice to pursue a form of immigration relief for which the petitioner was statutorily ineligible constituted ineffective assistance of counsel. The court remanded to the Board of Immigration Appeals (BIA) with instructions to grant the petitioner’s motion to reopen
BIA rules on adverse credibility findings based on fraudulent documents
Board of immigration appeals
Motion to reopen with the BIA
BIA issues two crime related decisions
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assistance of counsel, motion to reopen, Motion to Reopen with the BIA, MTR | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office for Immigration Review (EOIR) issued a security directive prohibiting use by the public of electronic devices, including cell phones, cameras, laptops, tablets, and MP3 players, in EOIR space, encompassing courtrooms, entrances/exits, corridors, conference rooms, and waiting areas. Attorneys or representatives of record, active members of a State Bar, and DHS attorneys representing the government in proceedings before the EOIR are permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court or business activities.
An appeals court
Copy of immigration court
Court order
Immigration court
Filed under: Immigration Court | Tagged: cell phone, district court, electronic devices, EOIR, Immigration, Immigration Attorney, Immigration Court, Immigration Lawyer, Supreme Court, us district court, US Supreme Court | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that where an applicant filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, and, on or after that date, submitted a subsequent application that is properly viewed as a new application, the later filing date controls for purposes of determining the applicability of INA §208(b)(1)(B)(iii) to credibility determinations. The BIA further held that a subsequent asylum application is properly viewed as a new application if it presents a previously unraised basis for relief, or is predicated on a new or substantially different factual basis.
Appeal asylum
Asylum attorney
Asylum claim
How to apply for political asylum
Filed under: asylum | Tagged: asylee, asylum, asylum 2.0, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, california asylum attorney, Credibility Determination, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of D-M-C-P, 26 I&N Dec. 644 (BIA 2015)
(1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
(2) It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.
BIA rules on expert testimony and factual findings
BIA pro bono project
Board of immigration appeals
BIA issues two crime related decisions
Filed under: BIA | Tagged: #bia, appeal to bia, asylum, BIA, bia board of immigration appeals, BIA Pro Bono Project, biometrics information, IJ, Immigration, Immigration Attorney, Immigration Judges, Immigration Lawyer, Motion to Reopen with the BIA | Leave a comment »
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