Law Offices of Brian D. Lerner
Immigration Lawyer & Deportation Defense Nationwide | Free Consultation
Several passengers who were aboard a domestic flight from San Francisco to New York in February 2017 where U.S. Customs and Border Protection (CBP) made all passengers present identification before exiting the plane have filed a lawsuit challenging the government’s action as an illegal search and seizure. According to the plaintiffs, “Two uniformed CBP officers positioned themselves at …
The Fifth Circuit vacated the BIA’s decision and remanded, holding that the petitioner’s conviction for evading arrest under Texas Penal Code §38.04 was not categorically a crime involving moral turpitude rendering him ineligible for cancellation of removal under INA §240A(b)(1).
The National Association of Immigration Judges (NAIJ) stated that it opposes EOIR’s plan to evaluate immigration judges (IJs) using numerical measures such as performance quotas, stating that “If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts.” NAIJ also submitted a statement to the Senate …
Answer: If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of U.S. Citizenship and Immigration Services or by an Immigration Judge in court — you are now allowed to live in the U.S., accept U.S. employment, and travel and return (with …
The Ninth Circuit affirmed the district court’s order granting a preliminary injunction in favor of the plaintiffs, a class of noncitizens in removal proceedings who are detained under INA §236(a) in the Central District of California and are unable to afford the amount of bond set by immigration officials. Finding that the plaintiffs were likely to succeed on …
For FY2017, more than 83 percent of H-2A applications and approximately 94 percent of H-2B applications were submitted electronically through the iCERT System with very little system disruption during the peak filing season. In an effort to provide better service and ensure more complete H-2A and H-2B applications are submitted for review, DOL’s Office of …
In a precedent decision issued on September 20, 2017, the BIA held that where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all the other evidence of record and the circumstances of the case, to …
According Chevron deference to the BIA’s decision, the Fifth Circuit held that the BIA did not err in denying the petitioner’s motion to reconsider her motion to reopen and found that the petitioner had waived her ineffective assistance of counsel claim by failing to brief the issue on appeal.
The New York Times reports that President Trump’s laundry list of immigration demands threw a wrench into the fraught negotiations over finding a legislative solution to provide permanent protection for Dreamers. But if the Washington deal-making drags on too long, it could be disrupted by a different force: a federal judge in Brooklyn. Having found himself in a position …
On October 12, 2017, USCIS changed the direct filing addresses for petitioners of Form I-129, Petition for Nonimmigrant Worker. Petitioners must now file Form I-129 according to the state where the company or organization’s primary office is located. In addition, petitioners located in Florida, Georgia, North Carolina, and Texas must now file Form I-129 at the California …
BIA just ruled that Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state.
Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, …
The Associated Press reports that a federal lawsuit filed Wednesday claims the U.S. government’s growing practice of searching laptops and cellphones at the border is unconstitutional because electronic devices now carry troves of private personal and business information. The Fourth Amendment of the Constitution prohibits unreasonable searches and seizures, and requires law enforcement to secure warrants based …
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to …
The deportation rates of undocumented immigrants have increased in the federal Immigration Court for the first time in eight years as President Trump starts to make good on his promise to expel millions of people. But even as the Trump administration expands its dragnet, the court is so backlogged that some hearings are being scheduled as far …