• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Social

  • Past Blog Posts

Court Denies Petition for Review, Citing Bermudez-Cota

The Ninth Circuit denied the petition for review of the BIA’s denial of relief from removal after the petitioner argued that in light of Pereira v. Sessions, a Notice to Appear (NTA) lacking the time and date of the hearing was insufficient to vest jurisdiction with the immigration court. Citing Matter of Bermudez-Cota, the court held that even when an NTA doesn’t specify the time and date of an individual’s initial removal hearing, as long as a notice of hearing specifying this information is later sent to the individual in a timely manner, the immigration court has jurisdiction over the individual’s removal proceedings.

A Visa Program That Protected Domestic Violence Victims Is Now Putting Them at Risk of Deportation

USCIS’s new NTA policy and new restrictions on when immigration judges can issue continuances have made applying for a U visa a much riskier endeavor for undocumented crime victims, leading immigration attorneys to discourage them from applying in certain circumstances. Around 75% of those granted U visas are sexual assault, domestic violence, and human trafficking victims

USCIS to Expand Implementation of New Policy Memorandum on NTAs

USCIS announced it is continuing to implement its June 28, 2018, policy memo on issuance of Notices to Appear (NTAs). Starting November 19, 2018, USCIS may issue NTAs based on denials of Forms I-914, I-914A, I-918, I-918A, I-360, I-929, and I-730, as well as I-485 when filed with these underlying form types.

USCIS Expands Implementation of NTA Policy and DOL Implements New LCA

main:USCIS may issue a Notice to Appear (NTA) based on the denial of certain humanitarian applications and petitions as part of its continued implementationof the agency’s new NTA policy

Supreme Court rules on defective Notice to Appears

In Pereira v. Sessions, __ U.S. __, 138 S. Ct. 2105 (2018), the U.S. Supreme Court held that service of a putative charging document that does not specify the time and place of removal proceedings does not meet the statutory definition of a Notice to Appear (NTA) under 8 U.S.C. § 1229(a) and, therefore, does not cut off a noncitizen’s ability to accrue the time in the United States required to qualify for cancellation of removal. Although the government is attempting to cabin the ruling’s impact to the cancellation of removal context, practitioners can apply the rationale underlying the Court’s interpretation of § 1229(a) to a wider variety of challenges. Furthermore, practitioners can file motions to reconsider and/or reopen prior removal orders predicated on defective NTAs within 30 to 90 days of the decision or as soon as practicable after learning of the decision.

Brian D. Lerner (blerner@californiaimmigration.us) USCIS and the Notice to Appear

USCIS is authorized to issue Notices to Appear (NTAs) under INA §§103(a), 239(a) and 8 CFR §§2.1, 239.1.

Make sure you keep in contact with your Immigration Attorney

The Sixth Circuit interpreted INA §240 as requiring that personal service be made upon a noncitizen whenever practicable, and held that personal service to a represented noncitizen’s counsel may, in certain cases, constitute personal service to the noncitizen. The court upheld the Board of Immigration Appeals, finding that the respondent, who was ordered removed in absentia after failing to appear at a master calendar hearing in his removal proceedings, had received sufficient notice under the INA, where the respondent’s counsel was personally served with written notice of the hearing on the day that he appeared with the respondent in immigration court.

%d bloggers like this: