Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the Certifying Officer’s denial and remanded the matter for certification where DOL had faulted the employer for not listing a relocation requirement in recruitment advertising and on the ETA Form 9089 for a position with a primary work site “and various unanticipated locations throughout the U.S.” The employer had relied on the 1994 Barbara Farmer Memo, which BALCA agreed makes no distinction between travel and relocation. BALCA further opined that it was not fundamentally fair to require that the possibility of relocation be specifically disclosed in the advertisement and application in absence of notice or guidance, particularly when the organized immigration bar has been pressing OFLC for years to clarify issues related to “roving” employees.
DUE process
Violation of DUE process
Denial of DUE process
DUE and immigration
https://californiaimmigration.us/victory-for-due-process-of-aliens/
Filed under: due process | Tagged: 9089, BALCA, Certifying Officer, CO, denial of due process, Due Process, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Labor Certification, PERM, Victory for Due Process, violation of due process | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a policy memorandum designating Matter of L-S-M- as an AAO adopted decision, which establishes this decision as policy guidance that applies to and binds all USCIS employees. Matter of L-S-M- clarifies that INA §240B(d)(2), which provides an exception for certain victims of domestic violence or related abuse to the civil penalties in INA §240B(d)(1) for failure to comply with an order of voluntary departure, does not extend to U-1 nonimmigrant victims of qualifying criminal activity.
Voluntary departure
Grant stay of voluntary departure
Post conclusion voluntary departure
Find a good Immigration Lawyer to help you
https://californiaimmigration.us/removal/judicial-review/
Filed under: Immigration Attorney | Tagged: Grant Stay of Voluntary Departure, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Post-conclusion Voluntary Departure, Review the denial of Voluntary Departure, victims of domestic violence, Voluntary Departure | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS advised stakeholders that, effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the FY2016 annual H-2B cap of 66,000 visas, pursuant to the 2016 Consolidated Appropriations Act (Public Law 114-113). H-2B employers are urged to identify “returning workers” when filing petitions.
H-2B Cap
H-2B visa process
H-2B Countries
H-1B Temporary worker application
Filed under: H-2B | Tagged: H-2A, H-2B, h-2b cap, H-2B Cap Count, H-2B Cap Count for FY2011, h-2b countries, h-2b list, H-2B Petitions, H-2B Program, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, returning workers | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that the crime of endangering the welfare of a child in violation of §260.10(1) of the New York Penal Law, which requires knowingly acting in a manner likely to be injurious to the physical, mental, or moral welfare of a child, is categorically a “crime of child abuse, child neglect, or child abandonment” under INA §237(a)(2)(E)(i).
Board of immigration appeals
Appeal to BIA
BIA and immigration
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, categorical analysis, child abuse, cmt, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CBP announced that it is setting up a temporary holding facility adjacent to the Donna-Rio Bravo International Bridge in Donna, Texas, to provide additional capacity for unaccompanied children and family units in CBP custody at Ports of Entry and U.S. Border Patrol stations in the South Texas area. The temporary site can currently hold up to 500 people, but CBP stated that it will regularly assess whether to expand this facility or keep it operational based on the number of people arriving in the area.
CBP meaning
Customs and border protection
CBP Liaison
CBP and immigration
https://californiaimmigration.us/change-in-cbp-policy-on-deferred-inspection-of-legal-permanent-residents-with-criminal-convictions-%e2%80%93-october-1-2009/
Filed under: CBP - Customs & Border Protection | Tagged: cbp, CBP Liaison, child detention, Customs & Border Protection (CBP), Customs and Border Protection (CBP), Detention, holding facility, Immigration, Immigration Attorney, Immigration Lawyer, immunity of cbp agents, U.S. Customs and Border Protection (CBP) | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where the Cuban respondent was paroled into the United States on August 25, 1980, as part of the Mariel Boatlift with an Arrival/Departure Record (Form I-94) stamped “Cuban/Haitian Entrant (Status Pending)” indicating that the purpose of his parole was for “Cuban Asylum,” the BIA held in a precedent decision issued today that the respondent was ineligible to adjust his status under INA §209, because he did not establish that he was either admitted as a “refugee” within the meaning of INA §207 or granted asylum under INA §208.
I-94 form
I-94 form application
BIA and immigration
BIA deference given to particulary serious crime
Filed under: I-94 | Tagged: adjust, AOS, cuban parole, I-94, I-94 Forms, Immigration, Immigration Attorney, Immigration Court, Immigration Law, Immigration Lawyer | 1 Comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE provided FAQs on an agreement between USCIS and ICE that establishes a process for updating fingerprint checks on non-detained respondents with cases pending before EOIR whose fingerprints have been taken, but whose fingerprint checks will expire prior to a final decision by EOIR (i.e., the checks are more than 15 months old).
Filed under: fingerprint | Tagged: EOIR, fingerprint, fingerprint requirements, fingerprints, ICE, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of SILVA-TREVINO, 26 I&N Dec. 826 (BIA 2016)
(1) The categorical and modified categorical approaches provide the proper framework for determining whether a conviction is for a crime involving moral turpitude.
(2) Unless the controlling case law of the governing Federal court of appeals expressly dictates otherwise, the realistic probability test, which focuses on the minimum conduct that has a realistic probability of being prosecuted under the statute of conviction, should be applied in determining whether an offense is a categorical crime involving moral turpitude.
(3) Under the “minimum reading” approach applied by the United States Court of Appeals for the Fifth Circuit, the respondent’s conviction for indecency with a child under section 21.11(a)(1) of the Texas Penal Code is not for a categorical crime involving moral turpitude.
(4) An alien who has engaged in misconduct involving sexual abuse of a minor is not required to make a heightened evidentiary showing of hardship or other factors to establish that an application for relief warrants a favorable exercise of discretion.
Aggravated felony meaning
Aggravated felonies
Felony and immigration
California penal code
Filed under: Aggravated Felonies | Tagged: aggravated felon, Felony, Immigration, Immigration Attorney, Immigration Lawyer, sex abuse of a minor, silva-trevino | Leave a comment »
Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76‑10‑508.1 of the Utah Code was not shown to be divisible with respect to the mens rea necessary for the offense to qualify as a crime of violence under 18 U.S.C. § 16(a)(2012), based on the Supreme Court’s decisions in Mathis v. United States, 136 S. Ct. 2243 (2016), and Descamps v. United States, 133 S. Ct. 2276 (2013). Matter of Chairez, 26 I&N Dec. 349 (BIA 2014), and Matter of Chairez, 26 I&N Dec. 478 (BIA 2015), clarified.
Aggravated felony
Felony definition
Aggravated felony meaning
California penal code
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, chairez, cmt, crime of violence, Felony, Immigration, Immigration Attorney, Immigration Lawyer, mens rea requirement | Leave a comment »
Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of ZARAGOZA-VAQUERO, 26 I&N Dec. 814 (BIA 2016)
The offense of criminal copyright infringement in violation of 17 U.S.C. § 506(a)(1)(A) (2012) and 18 U.S.C. § 2319(b)(1) (2012) is a crime involving moral turpitude.
Crimes
Immigration and crimes
Crimes definition
Naturalization granted for person with crimes
Filed under: crimes | Tagged: cmt, crime, crime involving moral turpitude, crimes, Immigration, Immigration Attorney, Immigration Crimes, Immigration Lawyer | Leave a comment »
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