Posted on July 2, 2021 by sethlerner1964
The unanimous decision issued yesterday by the U.S. Supreme Court holding that Temporary Protected Status (TPS) recipients who entered the United States unlawfully are not eligible under §1255 for lawful permanent resident status merely by dint of their TPS. AILA Board member Andrew Nietor explains, “It’s important to realize that this is not going to affect everybody who has TPS, but it will affect many who are otherwise eligible to become legal, permanent residents.”
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Filed under: alien, Appeal, Temporary Protected Status (TPS) | Tagged: status, TPS, US Supreme Court | Leave a comment »
Posted on May 11, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On April 23, the Supreme Court upheld a lower court decision that found one permanent resident ineligible for cancellation of removal due to his past crimes. One issue in the case was the “stop-time rule.” The Supreme Court found that the rule was triggered when the immigrant committed a crime that made him inadmissible, though he had already been legally residing in the U.S. too long for the crime to trigger removability. This meant that the official “clock” of his residency was stopped just months before the 7-year milestone that would have made him eligible for cancellation of removal. The 5-4 decision was split along ideological lines.
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Posted on August 8, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a per curiam decision, the U.S. Supreme Court vacated the Fifth Circuit’s rulingthat a CBP agent who shot and killed a Mexican teenager standing in Mexico from across the U.S. border in Texas had qualified immunity. However, the court declined to rule on the merits of the case, instead remanding to the Fifth Circuit for further consideration of Fourth and Fifth Amendment issues in order to determine in the first instance whether the teen’s parents can recover damages for the teen’s death.
Filed under: best deportation attorney | Tagged: cby, cby agent, immunity of cbp agents, qualified immunity, US Supreme Court | Leave a comment »
Posted on September 30, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, the U.S. Supreme Court granted the petition for a writ of certiorari in Lynch v. Dimaya to hear whether the definition of a “crime of violence” in the immigration context is unconstitutionally vague. Last year in the case, the Ninth Circuit reaffirmed that a noncitizen may bring a void for vagueness challenge to the definition and ruled that the language in 18 USC §16(b), as incorporated into INA §101(a)(43)(F), is unconstitutionally vague. The court found that “crime of violence” suffers from the same indeterminacy the Supreme Court found in the Armed Career Criminal Act’s residual clause definition of a “violent felony” in Johnson v. United States.
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Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office for Immigration Review (EOIR) issued a security directive prohibiting use by the public of electronic devices, including cell phones, cameras, laptops, tablets, and MP3 players, in EOIR space, encompassing courtrooms, entrances/exits, corridors, conference rooms, and waiting areas. Attorneys or representatives of record, active members of a State Bar, and DHS attorneys representing the government in proceedings before the EOIR are permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court or business activities.
An appeals court
Copy of immigration court
Court order
Immigration court
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Posted on June 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Supreme Court reversed, holding that second or subsequent simple possession offenses are not aggravated felonies under INA §1101(a)(43) when the state conviction is not based on the fact of a prior conviction. (Carachuri-Rosendo v. Holder, 6/14/10).
Aggravated felonies and immigration
Aggravated felony
Does this qualify as aggravated felony?
Directors of Washington company plead guilty to felony immigration violations
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