Posted on July 1, 2021 by sethlerner1964
The Supreme Court found that in order for an immigrant to be deported, the government must properly notify the individual on one document, rather than across several. While a technical issue, the ruling could affect hundreds of thousands of immigration cases. In a nutshell, a notice to appear (NTA) will be considered deficient if it is missing relevant information, such as the date and time of a removal hearing. Deficient NTAs no longer will trigger the “stop-time” rule, which starts when the government initiates removal proceedings and “stops the clock” on accumulated presence in the U.S. Deportations may be cancelled if an immigrant has been in the U.S. for at least 10 years, but the 10-year clock is paused when an NTA is issued. Now, the Supreme Court’s ruling held that an NTA can only trigger the “stop-time” rule if all relevant deportation and hearing information is on one document.
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Posted on February 10, 2021 by sethlerner1964
the Supreme Court cancelled oral arguments in suits challenging former President Trump’s defense funding for border wall construction and a policy forcing asylum-seekers to wait in Mexico while their immigration cases proceed. The Biden administration had sought to remove the cases from the Court’s upcoming calendar, citing President Biden’s Inauguration Day orders freezing funding for the U.S.-Mexico border wall and ending enrollment in the Remain in Mexico program. Under the program, more than 68,000 migrants have been forced to wait in Mexico for decisions on their immigration cases in the U.S., according to the administration’s request. The decision to grant the Biden administration’s request came in a brief order without explanation.
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Posted on January 24, 2021 by sethlerner1964
Posted on October 30, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Monday, the Supreme Court said it would review cases concerning the Trump administration’s use of Defense Department money to build the border wall and its policy that forces asylum-seekers to wait in Mexico while their cases work through the immigration court system in the U.S., also known as the Remain in Mexico policy. The justices did not expedite either case, meaning that they will be heard next year, with rulings expected mid-2021. This decision came after the justices said last Friday they would rule on the Trump administration’s effort to exclude immigrants in the country illegally from the census.
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Posted on July 27, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
It is unclear if the Trump administration will comply with a judicial order to accept new DACA applications.
Last month, the Supreme Court held that the Trump administration improperly ended the DACA program, and that the program could continue. On July 17, a federal judge ruled that DACA must be restored to its full, “pre-September 5, 2017 status.” Despite the order, USCIS has said that it is currently reviewing the decision. It is unclear whether USCIS will begin accepting new DACA applications soon or if it plans to appeal the ruling. On Tuesday, several DACA recipients filed a lawsuit in New York federal court over the government’s refusal to process new applications after the Supreme Court ruling.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On June 8, the Supreme Court announced that it will hear an immigration case on the stop-time rule in its next term. The stop-time rule, which stops the clock on time accrued by the immigrant to become eligible for relief from deportation, is triggered when the government sends the immigrant a “notice to appear” with specific information about the removal proceedings. The specific issue that the Supreme Court will consider is whether all the necessary information must be provided to the immigrant in a single document or if the government can trigger the rule by providing multiple documents. The Supreme Court’s next term starts in October of this year.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On June 15, the Supreme Court declined to grant certiorari in a case challenging a California law limiting information-sharing with federal immigration enforcement. Since the 9th Circuit ruled in favor of California, the Supreme Court’s decision to decline the case lets the law stand.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On June 15, the Supreme Court ruled that Title VII forbids workplace discrimination on the basis of sexual orientation and gender identity. The ruling was based on the meaning of “discrimination on the basis of sex” in existing federal law. Justice Gorsuch wrote both opinions, and was joined by Justices Roberts, Ginsburg, Sotomayor, Breyer, and Kagan in the majority. Justices Alito, Thomas, and Kavanaugh dissented. In the realm of immigration, this ruling could affect and protect both immigrant and nonimmigrant workers from discrimination.
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Department of Homeland Security v. Thuraissigiam, the U.S. Supreme Court held that restrictions on the ability of asylum seekers to obtain review of expedited removal orders under a federal habeas statute do not violate the Constitution’s suspension clause or due process clause
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Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last week, the Supreme Court ruled that President Trump’s attempt to end Deferred Action for Childhood Arrivals (DACA) was “arbitrary” and invalid, and the administration would need to go through the proper processes to end the program. On June 19, USCIS issued a statement in response to the Supreme Court’s decision. USCIS holds the position that the Supreme Court’s decision “has no basis in law” and only “delays” the end of the program. USCIS further said that DACA is not a “long-term solution,” and that Congress has the ability to reform immigration laws to allow for solutions for undocumented immigrants.
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