Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10
Past Persecution
Rebut Past Persecution
asylum
Past Persecution: You can still get asylum
33.767524
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Filed under: asylum, Immigration Attorney, Immigration Court, Immigration Lawyer, Past Persecution, USCIS | Tagged: asylum, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Past Persecution, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
For purposes of rescinding an in absentia order under former INA §242B, the alien must not only establish lack of actual notice, but also that the lack of notice was due to a reason other than failure to provide a current address. (Sanchez v. Holder, 12/6/10)
Reopening an in absentia order
deportat order in absentia
absentia deportation
Motion to Reopen in Absentia Granted
33.767524
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Filed under: Establish lack of actual notice, For purposes of rescinding an in absentia order, Immigration Attorney, Immigration Court, Immigration Lawyer, Under former INA §242B | Tagged: Brian D. Lerner, Establish lack of actual notice, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Under former INA §242B | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
Petitioner’s CAT claim
CAT
cats
Victory for Due Process of Aliens
33.767524
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Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DOS Liaison Committee reminds members that despite visa retrogression for various immigrant visa categories, posts should issue immigrant visas with a full six-month validity, even if the applicant’s immigrant visa category will retrogress.
Immigrant Visa Retrogression
Visa retrogression for various immigrant visa categories
DOS
Retrogression is always a possibility when awaiting a Visa
33.767524
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Filed under: Department of State (DOS), Immigration Attorney, Immigration Lawyer, USCIS, Visa retrogression for various immigrant visa categories | Tagged: Brian D. Lerner, Department of State (DOS), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Visa retrogression for various immigrant visa categories | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court refused to suppress evidence of Petitioner’s alienage, finding no egregious 4th Amendment violation where no allegations of misconduct were asserted beyond a claim of a lack of probable cause at the time of his arrest. (Puc-Ruiz v. Holder, 12/23/10)
Finding no egregious 4th Amendment violation
4th amendment
Amendment Violation
4th amendment violation
33.767524
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Filed under: Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Finding no egregious 4th Amendment violation, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Solicitor General’s Brief in Opposition to Certiorari in Bradley v. Holder confirms that notwithstanding Bradley and similar cases, USCIS has discretion to adjust the status of immediate relative VWP overstays no matter when the I-485 is filed.
Immediate Relatives
USCIS has discretion to adjust the status of immediate relative
adjust status
immediate relative
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Filed under: I-485, Immigration Attorney, Immigration Lawyer, USCIS, USCIS has discretion to adjust the status of immediate relative, Visa Waiver Program (VWP) | Tagged: Brian D. Lerner, I-485, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS has discretion to adjust the status of immediate relative, Visa Waiver Program (VWP) | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE press release announcing that a Panamanian national in ICE custody passed away at the Krome Service Processing Center in Miami after complaining of chest pains. He was in ICE custody since 12/3/10, and the third immigrant to pass away in ICE custody in fiscal year 2011.
Panamanian national in ICE custody passed away
bankruptcy services
asylum officer
ICE
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Filed under: ICE, Immigration Attorney, Immigration Lawyer, Panamanian national in ICE custody passed away, USCIS | Tagged: Brian D. Lerner, ICE, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Panamanian national in ICE custody passed away, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS to publish proposed rule to establish a mandatory, Internet-based, electronic registration process for U.S. employers seeking to file H-1B petitions for workers that are subject to either the 65,000 or 20,000 annual numerical limitations.
FY2011 cap-subject H-1B petitions
H-1B petitions and Advanced Degree Cap
U.S. Employers filing H-1B Petitions
H-1B Petitions
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Filed under: H-1B, Immigration Attorney, Immigration Lawyer, U.S. Employers filing H-1B Petitions, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, U.S. Employers filing H-1B Petitions, USCIS | Leave a comment »
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