Judge Denies Preliminary Injunction, Preserving DACA for Now
On Friday, August 31, 2018, a district court judge in Texas declined to issue a preliminary injunction halting DACA.
Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
On Friday, August 31, 2018, a district court judge in Texas declined to issue a preliminary injunction halting DACA.
The BIA found that a notice to appear that doesn’t specify the time and place of an individual’s initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings and meets the requirements of INA §239(a), so long as a notice of hearing specifying this information is later sent to the individual.
USCIS’s new guidance regarding the discretion to deny an application, petition, or request without first issuing an RFE or NOID in certain circumstances will take effect next Tuesday, September 11, 2018. Another hit on due process. However, going to court is always an option.
Matter of L‑A‑B‑R‑, which outlined when immigration judges (IJs) may grant continuances; Matter of Castro‑Tum, which limited IJs authority toadministratively close a case; and Matter of A‑B‑, which narrowed the criteria for demonstrating membership in a particular social group. Sessions is trying to turn the Immigration Courts into puppet institutions that just deport people without regard to real representation.
The First Circuit upheld BIA denials that the petitioner was targeted based on her family relationship and that “single mothers with no male protection who are unable to relocate in El Salvador” are a particular social group. The court also denied the CAT claim, affirming that the petitioner presented no evidence that a Salvadoran official would acquiesce to the petitioner’s …
USCIS announced that today, September 10, 2018, it changed the filing location for Form I-751, Petition to Remove Conditions on Residence. The form was previously filed at the California and Vermont Service Centers. Now, petitioners must send Form I-751 to a USCIS Lockbox facility; however, the California, Nebraska, Vermont, and Texas service centers will be the adjudicating offices.
AG again issues a decision to take power away from the Immigration Judges in order to try to expedite deportation and removals
The Associated Press reports that at least three dozen immigrant recruits who were discharged from the U.S. Army after enlisting with a promised pathway to citizenship are being brought back to serve. Another 149 discharges have been suspended and are under review
While there cannot be any new applications at this time, there can still be applications that can be renewed. Thus, be sure if yours needs renewal to get it filed asap.
Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents and what can be done
USCIS issued a Policy Alert updating guidance in its Policy Manual regarding a regional center’s geographic area, requests to expand it, and how such requests impact the filing of Forms I-526, Immigrant Petition by Alien Entrepreneur.
The Seventh Circuit denied the petition for review, rejecting the argument that, because reentry by the previously removed petitioner was “procedurally irregular,” he was entitled to a full hearing before an immigration judge rather than being subject to reinstatement of his prior removal order.
USCIS announced that it has introduced the second phase of the FOIA Immigration Records SysTem (FIRST). Phase two allows all FOIA requestors to create a USCIS online account, track their cases, and receive their responses electronically.
The Third Circuit denied the petition for review and accepted the immigration judge and BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable particular social group.
A group of fathers who were reunited with their children after being separated by ICE were then separated a second time after the fathers refused to sign paperwork to withdraw their children’s immigration cases and be deported together. It is despicable what ICE is doing. Unfortunately, they seem to have the go ahead from Trump.