Posted on January 8, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On December 12, a federal judge issued a nationwide injunction on the rule that ended fee exemptions for many poor immigrants seeking citizenship. The previous rule allowed a fee exemption for anyone on government aid or who could show financial hardship (such as medical expenses or unemployment). The blocked rule eliminated fee waivers for government benefits and allowed waivers only to those who could show hardship or who were making no more than 150% of the federal poverty guidelines, meaning that many poor immigrants would have to pay the $725 fee. The main reason for the injunction was that the Trump administration disregarded the law when it did not seek or consider public comment on the new rule.
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Posted on November 4, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DHS announced Friday that the validity of TPS documentation of recipients from 6 countries has been extended through January 4, 2021. The six countries affected are El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. The expiration dates for Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record have all been extended. The extension is a result of preliminary injunctions in cases in California and New York. If the injunctions are overturned, TPS will end for all listed countries no earlier than 120 to 365 days after the court decision, depending on the country.
Filed under: best deportation attorney | Tagged: El Salvador, Honduras, injunction, nepal, TPS | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a 2-1 decision, the Fifth Circuit affirmed the district court’s February 16, 2015, ordergranting a preliminary injunction against DAPA and expanded DACA. AILA President Victor Nieblas expressed disappointment in the decision, stating, “Once again, a Fifth Circuit panel sided with Texas and other states in a politically motivated lawsuit to challenge President Obama’s authority to exercise his constitutionally granted executive power to provide a reprieve from deportation for certain parents of American children and to expand the existing Deferred Action for Childhood Arrivals program.”
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Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, DOJ filed a petition for a writ of certiorari with the U.S. Supreme Court, asking the Court to overturn the injunction blocking DAPA and expanded DACA, and arguing that the 26 states challenging President Obama’s executive actions lack standing to do so. The petition states that if the Fifth Circuit’s majority ruling is left undisturbed, it “will allow states to frustrate the federal government’s enforcement of the nation’s immigration laws,” and “will force millions of people—who are not removal priorities under criteria the court conceded are valid, and who are parents of U.S. citizens and permanent residents—to continue to work off the books, without the option of lawful employment to provide for their families.”
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Filed under: dapa | Tagged: #dapa, Immigration Reform, injunction, writ of certiorari to U.S. Supreme Court | Leave a comment »
Posted on July 13, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Following a new order by U.S. District Court Judge Andrew Hanen in the Texas v. United States litigation, USCIS advised DACA recipients who received a three-year Employment Authorization Document (EAD) that the three-year EAD and DACA approval notice are no longer valid, and reminded recipients to return three-year EADs previously issued to them. The new July 7, 2015, order requires top immigration enforcement officials, including DHS Secretary Jeh Johnson, to appear at a hearing in Texas on August 19, 2015, to discuss the 2,000 three-year EADs that were issued following the injunction on expanded DACA and DAPA.
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Filed under: Immigration Reform | Tagged: #dapa, DACA, Immigration Reform, injunction, obama immigration reform, texas judge | Leave a comment »
Posted on April 1, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Justice Department, on March 12, 2015, filed an emergency motion for a stay pending appeal, with attachments, in Texas v. United States, requesting that the Fifth Circuit Court of Appeals stay the district court’s nationwide preliminary injunction in its entirety or, at minimum, stay it with respect to implementation in states other than Texas, or states that are not parties to the suit.
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Posted on December 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 