Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Supreme Court Holds U.S. Citizen Spouse Was Not Deprived of Due Process
In a 5-4 decision, the Supreme Court vacated the Ninth Circuit’s decision in Kerry v. Dinand remanded. The plurality held that because the respondent, a U.S. citizen, was not deprived of “life, liberty, or property,” the government did not deny her any constitutional due process right when it denied her spouse a visa, and that the Due Process Clause did not require the government to explain its decision to deny the visa.
https://cbocalbos.wordpress.com/tag/spouse/
https://cbocalbos.wordpress.com/tag/spouse-visa/
https://cbocalbos.wordpress.com/tag/undocumented-spouse/
https://californiaimmigration.us/dont-keep-getting-abused-file-a-battered-spouse-petition/
Filed under: immigrant spouse | Tagged: Due Process, Immigration, Immigration Attorney, Immigration Lawyer, spouse visa, Supreme Court | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Civil rights groups, including the American Immigration Council, filed a lawsuit against the U.S. Border Patrol in federal district court in Tucson on Monday, alleging that immigrants were unlawfully detained and mistreated for extended periods in freezing, filthy holding cells in Arizona. The complaint states that the immigrants suffered a wide range of abuse and neglect, including being held in overcrowded cells and denied adequate food, water, sleep, and medical care.
https://cbocalbos.wordpress.com/tag/rights-of-aliens/
https://cbocalbos.wordpress.com/tag/know-your-rights/
https://cbocalbos.wordpress.com/tag/human-rights-watch-hrw/
https://californiaimmigration.us/information-regarding-filing-complaints-of-discrimination-civil-rights-violations-and-racial-profiling-towards-immigrants/
Filed under: immigrant rights | Tagged: arizona immigration, civil rights, detention facilities, Immigration, Immigration Attorney, Immigration Lawyer | 1 Comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the BIA sustained in part the respondent’s appeal, holding that if an asylum applicant has mental competency issues that affect the reliability of his testimony, then the Immigration Judge should, as a safeguard, generally accept the applicant’s fear of harm as subjectively genuine based on the applicant’s perception of events.aslu
https://cbocalbos.wordpress.com/tag/asylum-2/
https://cbocalbos.wordpress.com/tag/appeal-asylum/
https://cbocalbos.wordpress.com/tag/asylum/
https://californiaimmigration.us/how-to-apply-for-political-asylum/
Filed under: asylum | Tagged: asylum, fear of persecution, Immigration, Immigration Attorney, Immigration Lawyer, mental issues | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal
The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.
Cancellation for removal
Removal proceedings
Removal of the conditional residence
Can I be removed?
Filed under: removal order | Tagged: controlled substance, drug crime, drug offense, Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, Removal of the Conditional Residence, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. Supreme Court yesterday left in place last year’s Ninth Circuit decision to strike down a 2006 Arizona law that denied bail to undocumented immigrants charged with “serious” felonies. Six members of the Supreme Court declined to hear an appeal from Arizona Sherriff Joseph Arpaio to reinstate the Arizona law, overruling three of the more conservative members of the Court—Justices Clarence Thomas, Antonin Scalia and Samuel Alito—who said they would have heard the case.
Arizona Law
Arizona immigration law
Arizona on violating immigrants rights
The Law Offices of Brian D. Lerner
Filed under: Arizona Law | Tagged: arizona, arizona district judge, arizona immigration, arizona immigration law, arizona law, Immigration, Immigration Attorney, Immigration Lawyer, undocumented immigrants | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS extended the designation of Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2015, through March 17, 2017. The 60-day re-registration period runs from June 1, 2015, through July 31, 2015.
Extension of TPS
TPS for 18 months
Temporary protected status
Law Offices of Brian D. Lerner
Filed under: Temporary Protected Status (TPS) | Tagged: 18-month Extension of TPS for Somalia, extension of tps, Immigration, Immigration Attorney, Immigration Lawyer, somalia, Temporary Protected Status (TPS), TPS, TPS Designations, tps for haitans, TPS Re-Registration Deadline, uscis tps | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, and also permits a conviction for a consensual taking.
Aggravated felony
Felony conviction
Violent felony
Felony immigration violation
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, grand theft, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all time spent in ICE detention subsequent to his or her indictment or the filing of formal criminal charges against him or her.
Types of crime
Find a criminal attorney
Criminal charges
The criminal waiver
Filed under: crimes | Tagged: crime, crime involving moral turpitude, criminal detention, criminal immigration, criminal lawyer, criminal relief, ice detention, Immigration, Immigration Attorney, immigration crime, Immigration Crimes, Immigration Lawyer | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. USCIS published a revised Form I-765, Application for Employment Authorization, with an edition date of February 13, 2015, which contains the eligibility category (c)(26) for H-4 dependent spouses. While USCIS will continue to accept previous editions of the form, USCIS indicates that H-4 applicants should use the revised form to prevent delays or RFEs. On Sunday, a federal district court denied a motion for a preliminary injunction to stop DHS from implementing the H-4 final rule.
H-4 status
H-4 applicant
H-4 work authorization
Law Offices of Brian D. Lerner
Filed under: H-4 Applicant | Tagged: H-1B, H-4, H-4 applicant, h-4 work authorization, h1b, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 