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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

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Board of immigration appeals

BIA issues two crime related decisions

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Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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

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Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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

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BALCA reverses PERM denial based on reasoning in Brooklyn Amity School

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Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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.

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People seeking asylum into U.S.

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Get a California deportation attorney to help you file asylum

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Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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

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How to win a deportation

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Posted on August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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

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Univision drops Trump due to racist comments

Posted on July 13, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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/

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Plead Guilty, but not informed of deportation risks?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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.

https://cbocalbos.wordpress.com/tag/best-deportation-attorney/

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

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Got illegal Reentry? Got a defense?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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/

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Are you a returning Resident – but have a crime?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
  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/

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