Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The House passed the Senate-approved border supplemental spending bill, which included significant additional funding for ICE and CBP to house, transport, and provide for the care of migrant detainees, as well as funds to enable the HHS to care for the large numbers of unaccompanied children, among other provisions.
Public and political outrage over the horrific conditions in which children were being held at a Clint, TX, Border Patrol facility prompted immigration officials to remove about 250 children from the facility, 100 of the children were then abruptly sent back. Clara Long of Human Rights Watch said, “CBP custody is inappropriate and abusive for …
USCIS announced the latest phase in the expansion of its FOIA Immigration Records System (FIRST). USCIS online account holders may now submit FOIA requests online for their own records and will soon be able to submit online requests for non-A-File material.
CBS News reports that a government official confirmed a previously unreported death of a 10-year-old girl from El Salvador while she was in the care of an Office of Refugee Resettlement facility last year. She was the first of six migrant children to die in U.S. custody — or soon after being released — in the past …
The Ninth Circuit concluded that the petitioner’s felony conviction for Possession of Marijuana for Sale under California Health & Safety Code §11359 rendered the petitioner removable, even though the conviction had been recalled and reclassified as a misdemeanor under California’s Proposition 64. The court explained that valid state convictions retain their immigration consequences even when modified …
Concluding that Popa v. Holder had been effectively overruled, the Ninth Circuit heldthat a Notice to Appear (NTA) that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing, and therefore does not terminate the residence period required for cancellation of removal. The court thus concluded that, because the petitioner had never received a valid …
The Seventh Circuit held that DHS’s failure to include the time and date of the petitioner’s hearing in the Notice to Appear (NTA) was a failure to follow a claim-processing rule, not a jurisdictional flaw, and that the petitioner did not timely object to DHS’s misstep.
On May 28, 2019, the Attorney General (AG) certified to himself two cases, Matter of Thomas and Matter of Thompson. 27 I&N Dec. 556 (A.G. 2019). The AG has asked the parties and interested amici to “address whether, and under what circumstances, judicial alteration of a criminal conviction or sentence-whether labeled ‘vacatur,’ ‘modification,’ ‘clarification,’ or some other term-should be taken …
Our Law Office has been working in Immigration Law for nearly 30 years. We have just passed the opening of 5000 cases. Thus, we have helped people all over the U.S. and the world and continue to do so.
The White House released a presidential memo directing DHS and DOJ to issue regulations that would dramatically alter how asylum seekers obtain protection in the United States and dilute their rights during that process.
In a split en banc decision, the BIA held that where a notice to appear does not specify the time and place of an individual’s initial removal hearing, the subsequent service of a notice of hearing containing that information “perfects” the deficient notice to appear and triggers the “stop-time” rule. The BIA thus remanded to the …
CBS reports that 10 transgender women who were part of a roughly 80-member group of LGBTQ+ migrants from Central America recently won their asylum cases and were released from a detention center in Texas.
A district court judge for the Middle District of North Carolina issued a nationwide preliminary injunction, effective immediately, enjoining USCIS’s memo titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” originally issued on May 10, 2018, and updated on August 9, 2018, that went into effect on August 9, 2018, until further order of …
The Ninth Circuit granted the petition for review and remanded, concluding that the immigration judge erred by failing to advise the 14-year-old petitioner, who had received death threats from a gang in Honduras and had not had any contact with his father for many years, that he was an at-risk child potentially eligible for relief …
USCIS published a notice that DHS will not terminate Temporary Protected Status (TPS) for Honduras or Nepal pending final disposition of the appeal in Ramos v. Nielsen. The notice further announces that DHS is extending the validity of TPS-related documentation for Nepalese TPS beneficiaries through March 24, 2020. The TPS designation for Honduras remains in effect through …