BIA remands for further consideration of eligibility for voluntary departure after deficient NTA

November 19, 2025November 22, 2021 by Brian Lerner

The BIA remanded for evaluation of whether the defendantIn Matter of M-F-O- is statutorily eligible for voluntary departure. This occurredAfter finding that a deficient NTA does not preclude the defendant from establishing the requisite period of constant physical presence.Individuals who believe a decision by an immigration judgedenying asylum or other relief may appeal.The individual will need to showthe immigration judge made …

USCIS announcements on credit card payments pilot program

September 20, 2023November 22, 2021 by Brian Lerner

credit card payments program. USCIS announced that NSC will accept credit card payments using Form G-1450 for petitioners filing Form I-140, Immigrant Petition for Alien Workers, with Form I-907, Request for Premium Processing Service, or when filing Form I-907 to upgrade a pending Form I-140 to premium processing. The processing time for Form G-1450 varies; …

Presidential Proclamation Rescinding Regional COVID Travel Bans and Imposing Vaccination Requirement

May 27, 2024November 21, 2021 by Brian Lerner

On October 25, President Biden issued a presidential proclamation titled, “A Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-⁠19 Pandemic”. Effective this Monday, November 8, at 12:01 am (ET), The statement moves away from country-by-country travel restrictions and adopts a policy that relies primarily on vaccination, With limited exceptions.

CBP issues memo on processing of undocumented noncitizens at southwest border land ports of entry

December 30, 2025November 21, 2021 by Brian Lerner

CBP released a memo with updated direction on the management,.And processing of migrant at southwest border points of entry.memo states that asylum seeking humane parole — What the guidance says and what to expect at POEs On November 1, 2021 (guidance updated Jan. 30, 2025), U.S. Customs and Border Protection issued operational guidance for how ports of entry should …

Circuit court reverses nationwide preliminary injunction against ICE detention in COVID-19 lawsuit

December 21, 2025November 21, 2021 by Brian Lerner

On October 20, the Ninth Circuit Court of Appeals backed the U.S. District Court for the Central District of California’s April 20, 2020, Grant of a preliminary injunction that applied to all custody space in the United States, including ICE detention facilities, and imposed a broad range of duty on the federal government.The court directed that …

BIA extended the deadline for submission of amicus briefs related to Pereida v. Wilkinson and records of conviction

September 20, 2023November 21, 2021 by Brian Lerner

Extended Deadline on Amicus Briefs, November 19, 2021 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: 1. Does Pereida v. Wilkinson, 141 S. Ct. 754 (2021), authorize an Immigration Judge to rely on any document or record covered by section 240(c)(3)(B) …

Employment information regarding Afghan special immigrant visa holders and parolees

January 6, 2026November 21, 2021 by Brian Lerner

DOJ has released a fact sheet on the work rights of Afghan immigrants arriving in the United States. SIV holders possess Lawful Permanent Resident status, allowing them to work for any employer indefinitely. For the first 90 days, an unexpired Form I-94 (with “PAR” or “OAR” class of admission) serves as a valid receipt for Form I-9. To continue working, …

Democrats want immigration deportation shields in economic plan

January 22, 2026November 16, 2021 by Brian Lerner

Senate Democrats have abandoned plans to achieve a pathway to millions of undocumented migrants,As part of President Biden’s agenda, And instead are follow a proposal that would provide temporary protections.The measure would provide temporary exodus parole status to millions of undocumented migrants, Which would allow them to stay in the United States and to apply …

DOS Releases Updates on Court Orders Regarding Diversity Visas for 2020 and 2021

September 6, 2023November 16, 2021 by Brian Lerner

DOS released an update on court orders regarding DV-2020 and DV-2021 diversity visas, Stating that as of October 20, 2021, A district court ordered DOS to begin processing ,And adjudicating the 966 reserved DV-2021 applications, And to finish processing by the end of FY2022.

White house rescinds current regional COVID travel bans and imposes vaccination requirement

October 3, 2023November 15, 2021 by Brian Lerner

Regional COVID Travel Bans. President Biden announced a presidential proclamation, effective November 8, 2021, at 12:01 am (ET), that moves the United States away from country-by-country travel restrictions and adopts an air travel policy that relies primarily on vaccination, with limited exceptions. The White House issued a fact sheet on the new requirements, and DOS released a statement on the …

Tell Congress to Stop Feeding the Immigration Detention Machine

October 3, 2023November 15, 2021 by Brian Lerner

Feeding Immigration Detention Machine. The Senate released a FY2022 DHS funding bill that includes a cut in the number of ICE detention beds by 5,500, but would still give ICE over $2 billion to detain immigrants in unsafe and deadly conditions, including solitary confinement. Yet, year after year, Congress allocates billions of dollars toward Feeding Immigration Detention Machine that traumatize …

Biden administration rightly removes artificial quotas for immigration judges

November 30, 2025November 15, 2021 by Brian Lerner

The Biden government has removed artificial quotas for immigration.Artificial quotas for immigration judges,These policies continue to ruin the integrity and independence of our migrant courts.The American Immigration Lawyers Association (AILA)Welcomed news that the Biden government has removed the artificial quotas imposed on migrant judges by the Trump government.The Trump government had imposed case resolution quotas as part …

The DOJ and DOL Agreements with Facebook on PERM Processing

September 3, 2025November 15, 2021 by Brian Lerner

Circuit court strikes down matter of S-O-G- & F-D-B-

December 21, 2025November 15, 2021 by Brian Lerner

The Fourth Circuit Court of Appeals issued a ruling in Chavez Gonzalez v. Garland, which revoke Matter of S-O-G- & F-D-B-, holding that the Attorney General’s decision clash with the plain meaning of 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii), and that IJs and the BIA possess the innate authority to end removal activities, effectively supporting terminating removal proceedings.

The Biden administration has suspended a Trump-era policy that put immigrants at risk of being deported without due process

October 17, 2023November 14, 2021 by Brian Lerner

Buzzfeed News: The timing had been in doubt since the Supreme Court ruled on June 30 that the Biden administration could suspended the “Remain in Mexico” trump-era policy. Homeland Security officials had been largely silent, saying they had to wait for the court to certify the ruling and for a Trump-appointed judge, Matthew Kacsmaryk in Amarillo, Texas, to …

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