Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
BALCA to Verify Employer finds the CO properly rejected an unsigned letter from the Employer certifying sponsorship of the alien for the position. Matter of Diamond Valley Contracting, 2009-PER-00121 (6/23/09). If an employer’s application for labor certification is denied, the employer may appeal the denial to Board of Alien Labor Certification Appeals (BALCA), which is under the Department of …
Improperly Filed of Unsigned Check The court grants petition for review and remands. Finds no regulation specifies that USCIS must reject a signed application accompanied by an unsigned check for the right amount of the fee, when all other aspects of the application are complete and proper. (Blanco v. Holder, 7/15/09). The Court of Appeals …
Aggravated to Felony Theft Offense Court holds that a violation of Cal. Veh. Code § 10801 does not categorically qualify as an serious crime, nor does the record establish that the petitioner’s violation constituted under the modified categorical approach. Grants petition and remands. (Carrillo-Jaime v. Holder, 7/15/09). If an individual is convicted for owning a …
BALCA affirms the CO’s denial of the PERM application, as the job order was conducted more than 180 days before filing. The employer argued that the untimely filing was due in part to problems with the OFLC system. BALCA finds employer bears responsibility for not filing by mail in a timely manner. Matter of Art …
Individuals Indicted Across the U.S. On July 15, 2021, the U.S. Immigration and Customs Enforcement (ICE) announced the arrest of 50 individuals who had been indicted across the country. The arrests were part of a coordinated effort to target individuals who were wanted for a variety of crimes, including drug trafficking, human trafficking, and violent …
CA2 Consular Non-Reviewability Court remands for consideration of whether the consular officer properly applied the “unless” clause of 8 U.S.C. § 1182(a)(3)(B)(iv)(VI)(dd). This involved confronting the applicant with the allegation that he knew he was providing material support to a terrorist org and giving him the chance to negate it. (American Academy of Religion v. …
INRE Magna Exception. The court dismisses argument that the BIA had to remand to allow the IJ to consider whether failing to recognize the petitioner’s annulled first marriage would be unjust. Also finds there was substantial evidence to support the conclusion that a subsequent I-130, based on a second marriage, was not approvable when filed. …
Court grants petition, vacates BIA decision and remands. Finds that once the BIA assumed IJ’s error in disregarding the motion for a continuance, it should have remanded the case to allow the Immigration Judge to consider the additional evidence or addressed the petitioner’s alternative ground for eligibility as a matter of law. (Figueras v. Holder, …
Immigration Law Firm for Conspiracy The U.S. District Court for the District Court of Utah, Central Division, Issued an summon of the Alcala Law Firm, on charges of conspiracy to commit alien smuggling and visa fraud. A prominent immigration law firm for conspiracy to commit fraud. The firm, which has been in business for over …
The court finds that the petitioner’s removability was established by clear and convincing CA6 evidence sufficient supports, as sufficient evidence supports the IJ’s ruling that the petitioner entered into a fraudulent marriage for the purpose of gaining lawful admission into the U.S. (King v. Holder, 6/29/09). Jurisprudence teaches us that for circumstantial evidence to be …
U.S. Immigration and Customs Enforcement (ICE) has completed an internal review of records relatedto individuals who have died in its custody and identified additional deaths that were notpreviously included on its official list. This review found 10 previously unlisted deathsthat occurred between fiscal years 2004 and 2007. What the Agency Says ICE’s Enforcement and …
ICE detainee at Florida Hospital. On Aug. 14, 2009, Huluf Guangule Negusse, a 24-year-old Ethiopian national being held with a final order of removal pending. The receipt of his travel documents, passed away at Tallahassee Memorial Hospital in Florida. A 51-year-old immigration detainee died Sunday at a Palm Beach County hospital after testing positive for …
H-1B and H2B USCIS Updates. As of August 14, 2009, approximately 45,000 H-1B cap-subject petitions and counted towards the H-1B cap. Approximately 20,000 petitions qualifying, USCIS will continue to accept both cap-subject petitions and advanced degree appeal until a enough number of H-1B. In addition, USCIS has received 8,974 H-2B petitions for the first half …
Construction on SBInet Technology. U.S. Customs and Border Protection will begin construction today on the deployment of eight Remote Video Surveillance Systems in the Detroit Sector. This work is part of CBP’s initiative to enhance the use of technology in identifying and countering illegal cross-border activity. The Northern Border Project will use technology already in …
