BIA Says Adjustment under Cuban Refugee Adjustment Act Is an Admission

December 17, 2011 by Brian Lerner

The Board found the respondent was admitted to the U.S. when he adjusted status under the Cuban Adjustment Act, and was thus subject to removal under INA § 237(a) following a drug trafficking conviction. https://atomic-temporary-10880024.wpcomstaging.com/tag/bia-2/ https://atomic-temporary-10880024.wpcomstaging.com/tag/bia/ https://atomic-temporary-10880024.wpcomstaging.com/wp-admin/term.php?taxonomy=post_tag&tag_ID=363145778&post_type=post&wp_http_referer=%2Fwp-admin%2Fedit-tags.php%3Ftaxonomy%3Dpost_tag%26post_type%3Dpost%26s%3DBIA https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/

DOJ Announces Settlement in U.S. Citizen Discrimination Case

December 16, 2011 by Brian Lerner

DOJ press release announcing a settlement agreement between S.W.J.J. Inc., or Sernak Farms, to settle allegations that Sernak discriminated by preferring to hire H-2A temporary visa holders over U.S. citizen applicants. https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2a/ https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2a-and-the-h-2b-nonimmigrant-worker-programs/ https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2a-temporary-visa-holders/ https://californiaimmigration.us/regulations-on-agricultural-employment-visa-h-2a-will-receive-a-final-ruling-of-it%e2%80%99s-amended-regulation/

White House Promotes Pathways for Immigrant Entrepreneurs

December 16, 2011 by Brian Lerner

Blog from the White House Office of Science and Technology Policy encourages candidates to apply for USCIS Entrepreneurs in Residence (EIR). EIR is part of the White House’s “Start Up America” initiative designed to celebrate, inspire, and accelerate U.S. entrepreneurship. https://atomic-temporary-10880024.wpcomstaging.com/tag/eir/ https://atomic-temporary-10880024.wpcomstaging.com/tag/entrepreneurs-in-residence/ https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationlawyer/ https://californiaimmigration.us/our-immigration-law-firm/

CA7 Finds Actual Reliance on §212(c), Remands for Hearing

July 6, 2026December 14, 2011 by Brian Lerner

The court refused to apply the repeal of INA §212(c) retroactively to Petitioner, where he demonstrated actual reliance on the availability of a §212(c) waiver by affirmatively abandoning his right to pursue a JRAD.

CA5 on Requiring Corroborating Evidence from Asylum Applicants

December 13, 2011 by Brian Lerner

The court held that the BIA reasonably interpreted its own regulations in Matter of S-M-J- when ruling asylum applicants can be required to provide reasonably obtainable corroborating evidence even when their testimony is credible.

Supreme Court Rejects §212(c) Comparable Grounds Rule

July 6, 2026December 13, 2011 by Brian Lerner

In a unanimous opinion, the Court held that the BIA’s comparable grounds rule, as applied to applications for §212(c) relief in deportation proceedings, is arbitrary and capricious under the Administrative Procedure Act.

Nonimmigrants and Firearms Disabilities under the Gun Control Act

December 13, 2011 by Brian Lerner

DOJ OLC opinion rejects the interpretation by the Bureau of Alcohol, Tobacco, Firearms and Explosives in an interim final rule, and concludes that 18 USC §922(g)(5)(B) applies only to nonimmigrants who must have a visa to be admitted to the U.S., not to all nonimmigrants.

White House Releases “Beyond the Border Action Plan”

December 10, 2011 by Brian Lerner

“Beyond the Board Action Plan” from President Obama and Canadian Prime Minister Harper released on 12/7/11, which articulates a shared approach to security that addresses threats within, at, and away from the borders, while also expediting lawful trade and travel.

DOS Launches Virtual U.S. Embassy Tehran to Reach the Iranian People

August 2, 2026December 8, 2011 by Brian Lerner

DOS announcing Virtual Embassy Tehran, which is not a formal diplomatic mission but can work as a bridge between the American and Iranian people in the absence of direct contact.

CA1 Upholds Denial of I-751 Hardship Waiver

December 8, 2011 by Brian Lerner

The court upheld the IJ’s adverse credibility determination and conclusion that Petitioner’s marriage was not entered into in good faith where petitioner and his ex-wife gave vastly divergent descriptions of their wedding day.

BIA Applies Stop-Time Rule Where NTA Did Not Include Hearing Date/Time

December 8, 2011 by Brian Lerner

The BIA held that the continuous residence/presence of an alien applying for cancellation ends under the stop-time rule upon service of an NTA, even if the NTA does not include the date and time of the initial hearing.

BIA on Burden of Proof and Returning LPRs

December 8, 2011 by Brian Lerner

The BIA held that to establish that a returning LPR is to be treated as an applicant for admission, the government has the burden of proving by clear and convincing evidence that a §101(a)(13)(C) exceptions applies.

USCIS Announces Delay in First Release of Transformation

December 6, 2011 by Brian Lerner

USCIS press release announcing that the first release of Transformation, which was scheduled for December 2011, will be delayed due to incomplete testing of the system.

CA4 on Jurisdiction over BIA Remand for Voluntary Departure

December 6, 2011 by Brian Lerner

The court found jurisdiction to review the BIA’s order remanding for a grant of voluntary departure, but prudentially declined to exercise jurisdiction in light of Dada and 8 CFR §1240.26(b)(1)(i)(D).

Will my brother who has mental competency issues be deported?

December 5, 2011 by Brian Lerner

Question: My brother is in deportation proceedings, but he has mental competency issues. Will he be deported? Answer: Until recently, attorneys and immigration judges had limited guidance about safeguards that might be available to ensure a fair hearing in immigration court for noncitizens with mental competency issues. As a result, many such individuals …

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