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The U.S. District Court for the District of Colorado denied motions to dismiss Trafficking Victims Protection Act (TVPA) and unjust enrichment claims in a federal class action lawsuit filed by nine federal immigrant detainees against The GEO Group, Inc., a private prison contractor, alleging violations for unpaid wages and forced labor. This is the first time that a court has found that a for-profit immigrant detention contractor may be held liable for violating the TVPA.

Visa waiver

A visa

USCIS publishes interim Rule on T nonimmigrants

Visas

BALCA reversed the denial, finding that the omission of a Spanish language requirement in the Notice of Filing (NOF) was not by itself fatal to the application where the overall text of the NOF was sufficient to apprise U.S. workers of the job opportunity.

BALCA overturns denial main

BALCA denial

Board of Alien labor certification appeals

BALCA reverses PERM denial based on reasoning in Brooklyn Amity School

The Fifth Circuit affirmed the Board of Immigration Appeals’ denial of the petition for review, finding that INA §241(a)(5)’s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum.

Appeal asylum

People seeking asylum into U.S.

Asylum agreements

Get a California deportation attorney to help you file asylum

An article in the Washington Post discusses the challenges that the Department of Homeland Security is encountering as it rolls out the new Priority Enforcement Program (PEP)—the replacement for the discontinued Secure Communities program—under which DHS will seek to be notified by law enforcement before an undocumented immigrant is released from custody

Best deportation attorney

Get the best deportation lawyer to help you with your deportation case

Deportation moratorioum

How to win a deportation

USCIS notified stakeholders that it has finished returning FY2016 H-1B cap-subject petitions that were not selected in the computer-generated random selection process.

Cap H-1B

H-1B Petitions

H-1B approval

H-1B updates

Univision drops Trump due to racist comments

National Journal reports that, just months after acquiring the rights to broadcast the Miss Universe pageant in Spanish, Univision announced on Thursday that it would end its relationship with the pageant organization, which is owned in part by 2016 Republican presidential candidate Donald Trump. According to the article, Univision is cutting ties with Mr. Trump due to inflammatory comments he made against Mexican immigrants during his June 16 candidacy announcement.

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https://californiaimmigration.us/our-immigration-law-firm/

Plead Guilty, but not informed of deportation risks?

The Seventh Circuit reversed the district court’s denial of the petitioner’s motion to withdraw his guilty plea, holding that the petitioner—who was recently removed to Italy following a federal drug conviction—could choose to withdraw his guilty plea and instead seek a trial by jury, because his counsel had failed to warn him that a plea of guilty would carry the threat of deportation.

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https://californiaimmigration.us/removal/winning-a-deportation-proceeding-from-an-immigration-lawyer-and-deportation-attorney/

Got illegal Reentry? Got a defense?

The Ninth Circuit reversed the defendant’s conviction for illegal reentry, holding that by asking the defendant to comment on the credibility of a border patrol agent—a key witness against him—then referring to evidence not before the jury to bolster the agent’s testimony, the government deprived the defendant of the fair trial guaranteed by the Due Process Clause.

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https://californiaimmigration.us/our-immigration-law-firm/

Are you a returning Resident – but have a crime?

  1. BIA Finds Returning LPR Cannot Be Charged with Inadmissibility Under INA §212(a)
    In a precedent decision, the Board of Immigration Appeals (BIA) held that a lawful permanent resident (LPR) returning to the United States cannot be regarded as seeking admission and may not be charged with inadmissibility under INA §212(a) if he does not fall within any of the exceptions in INA §101(a)(13)(C).

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https://californiaimmigration.us/family-petitions-to-immigrate-family-members/reentry-permit-is-available-for-lawful-permanent-residents/

Changing Status of Filing an EB-5?

USCIS announced that on June 15, 2015, it stopped accepting electronically filed Forms I-539, Application to Extend/Change Nonimmigrant Status, and Forms I-526, Immigrant Petition by Alien Entrepreneur. Paper versions of the forms must be used while USCIS updates the online filing system. USCIS also discontinued the EB-5 Regional Center Document Library. USCIS stated that pending or draft cases that were created prior to June 15, 2015, will not be adversely affected, and individuals will have 30 days to complete and submit draft cases.

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