Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The Third Circuit found that the jurisdiction-stripping provision of the INA operates as an unconstitutional suspension of the writ of habeas corpus as applied to Special Immigrant Juvenile (SIJ) designees seeking judicial review of expedited removal.
USCIS announced that attorneys and accredited representatives can now file Form N-565, Application for Replacement Naturalization/Citizenship Document, for their clients online using their myUSCIS account. No substantive changes have been made to the content of the form.
DHS Secretary Kirstjen Nielsen announced her decision to extend the Temporary Protected Status (TPS) designation for Somalia for 18 months. Individuals from Somalia with TPS will be eligible to re-register and extend their status through March 17, 2020. Further details, including information about the re-registration process and employment authorization documents, will appear in a Federal Register …
In Pereira v. Sessions, __ U.S. __, 138 S. Ct. 2105 (2018), the U.S. Supreme Court held that service of a putative charging document that does not specify the time and place of removal proceedings does not meet the statutory definition of a Notice to Appear (NTA) under 8 U.S.C. § 1229(a) and, therefore, does …
The First Circuit vacated the BIA’s order dismissing the petitioner’s appeal and remanded, finding that because the Ecuadorian asylum applicant was a minor at time of mistreatment, the immigration judge and BIA should have taken a child-specific analysis.
New case showing that helping under duress is a defense (1) An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature. (2) To meet the minimum threshold requirements of the duress defense to …
USCIS confirmed that it is no longer accepting service requests for I-765 applications that have been pending for more than 75 days unless the applications are outside of USCIS’s posted processing times.1:06 AM
USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain their status through the termination date of January 5, 2020, must re-register between June 5 and August 6, 2018. Re-registration procedures were published today in the Federal Register.1:03 AM
Attorney General Jeff Sessions announced that DOJ is allocating 311 new Assistant United States Attorneys to assist in priority areas, including 35 additional immigration prosecutors. This is the largest increase of new Assistant U.S. Attorneys in decades.1:02 AM
H-2B visas available under the FY2018 supplemental cap, following yesterday’s announcement from USCIS that it will conduct a lottery to randomly select the number of petitions required to meet the increased FY2018 cap from H-2B cap-subject petitions received between May 31 and June 6, 2018 is already exhausted12:55 AM
In a decision published recently, the BIA remanded the record to the immigration judge for entry of a new decision after finding that the respondent afforded material support to the guerillas in El Salvador in 1990 because the forced labor she provided in the form of cooking, cleaning, and washing their clothes aided them in …
The Second Circuit granted the petitions for review after finding that immigration judges and the BIA erred by substantially relying on the fact that applicants for asylum and related relief testified during removal proceedings to certain details not included in their initial applications.12:37 AM
USCIS reminded F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level automatically terminates their OPT, as well as their corresponding employment authorization document (EAD). USCIS will begin to enter the EAD termination date into its newly updated systems after receiving the information from ICE’s Student and …
Today, USCIS published notice in the Federal Register on the termination of Nepal’s designation for Temporary Protected Status (TPS) on June 24, 2019. TPS holders from Nepal who wish to maintain their status and receive an employment authorization document (EAD) valid through June 24, 2019, must re-register for TPS in accordance with the procedures set forth in the notice.1:40 …
The Ninth Circuit held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable.1:39 AM