Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
BIA held that the “one central reason” standard that applies to asylum applications pursuant to INA §208(b)(1)(B)(i) also applies to applications for withholding of removal under §241(b)(3)(A). Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010).
BIA held that a conviction for a single crime involving moral turpitude that qualifies as a petty offense is not an “offense referred to in section 212(a)(2)” of the INA for purposes of triggering the stop-time rule. Matter of Garcia, 25 I&N Dec. 332 (BIA 2010).
DOJ announcement that owners of a labor contracting service pleaded guilty to conspiring to hold 39 Filipino nationals in compelled service in country clubs and hotels in Southeast Florida. One owner also pleaded guilty to making false statements in an H-2B application.
EOIR announcement on amendments to the Immigration Court Practice Manual. All of the changes have been made to the Practice Manual available online.
EOIR announcement on the appointment of six new immigration judges who will preside in immigration courts in Eloy, AZ, Lumpkin, GA, Memphis, TN, and Port Isabel and San Antonio, TX.
EOIR 9/15/10 Operating Policies and Procedures Memorandum (OPPM) 10-01 from Brian M. O’Leary, Chief Judge, containing guidance for the immigration courts on how to handle requests for a stipulated removal order.
Senate Leader Harry Reid will bring up the bi-partisan DREAM Act as an amendment to the Defense Reauthorization bill. This is a welcome step forward toward reform and urges all Senators to vote in support of the bill.
Following a request from the Department of Labor Office of the Solicitor, BALCA remanded the case to the Certifying Officer for approval of the employer’s labor certification. Matter of Syracuse University, 2010-PER-00772 (9-8-10).
DOL WHD notice on the extension of disclosures to workers under the Migrant Seasonal and Agricultural Worker Protection Act.
ICE announcement on the suspension of certain requirements for employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the 1/12/10 earthquake.
ICE fact sheet on the suspension of certain regulatory requirements, which allows eligible Haitian F-1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load.
For purposes of INA §240A(a) cancellation, the term “has been” lawfully admitted for permanent residence means that the alien must currently possess LPR status. It does not include a person who held that status but has since lost it.
The government did not make a binding judicial admission about Petitioner’s entry date in the NTA for purposes of NACARA eligibility because it disputed the date during an evidentiary hearing and Petitioner never expressly objected.
USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 9/10/10, approximately 37,400 H-1B cap-subject petitions were receipted. USCIS has receipted 13,700 H-1B petitions for aliens with advanced degrees.
DOS issued a 30-day comment period on extension of validity of Form DS-156E, which is completed by aliens seeking nonimmigrant treaty trader/investor visas to the US.