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 »
Posted on June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Waiver granted for client who entered the United States as the unmarried son of a U.S. citizen but was in fact married at the time. Client stays a lawful permanent resident and can now apply for his U.S. citizenship.
New waiver
Visa waiver
Waivers allowed
ESTA Visa Waiver
Filed under: waiver | Tagged: 212(h) waiver, criminal waiver, Immigration, Immigration Attorney, Immigration Lawyer, Visa Waiver, waiver, waiver of inadmissibility, Waivers, Waivers of Inadmissibility, win brian lerner | Leave a comment »
Posted on June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
2010 BIA order reopened sua sponte based on a change of law and whether a DUI in Arizona on a suspended license is a crime involving moral turpitude. Client is now eligible for cancellation of removal.
Filed under: Crimes of Moral Turpitude | Tagged: crime involving moral turpitude, crimes of maroal turpitude, Crimes of Moral Turpitude, Immigration, Immigration Attorney, immigration crime, Immigration Crimes, Immigration Lawyer, moral turpitude, suspended license | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Salt Lake Tribune reports that USCIS Director León Rodríguez called on Congress to make the immigration system more just at a convention of the Catholic Legal Immigration Network yesterday. “The immigration system that we are working off of … was mostly built back in the 1960s, meaning that it is an obsolete and archaic scheme that does not reflect our economy, does not reflect our demographics, and does not reflect—above all—our values,” Director Rodríguez said. “Real justice will come when we have reform … that gives us a path to citizenship [for undocumented immigrants].”
Filed under: Immigration Attorney | Tagged: Immigration, Immigration Reform | Leave a comment »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a status update on its border security efforts, DHS indicated that the number of total apprehensions along the southwest border during the first six months of FY2015 was 151,805, which is down nearly 60,000 (or 28%) compared to the same period in FY2014. Additionally, total apprehensions along the southwest border—comprised of apprehensions of unaccompanied children, family units, and single adults—for FY2015 are at their lowest point in the past four fiscal years.
DHS
DHS meaning
DHS secretary
Department of homeland security
Filed under: Department of Homeland Security (DHS) | Tagged: apprehension at the border, border patrol, deportations, DHS, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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