Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The Ninth Circuit denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. The court found that California law on aiding and abetting, which looks to the natural and probable consequences of an …
The Eighth Circuit denied the petition for review, holding that a failure to satisfy the warning requirements of 8 CFR §240.25 does not preclude a finding of voluntary departure under threat of deportation sufficient to break the 10-year period of continuous presence required to be eligible for cancellation of removal. The court thus found that the …
CNN reports that the Trump administration will impose visa sanctions on four countries that refuse to take back foreign nationals deemed to be in the United States illegally, DHS spokesman Dave Lapan said. The four countries—Cambodia, Eritrea, Guinea, and Sierra Leone—come from a running list of countries the United States designates as “recalcitrant” for not accepting, …
Many immigrants seeking to gain the legal status to remain in Untied States are being victimized by notarios, individuals who represent themselves as qualified to offer legal advice or services concerning immigration but in fact have no such qualification. This ruse can result in severe implications for immigrants, such as financial difficulty, the separation of …
On August 24, 2017, news outlets—including Axios and the Washington Post—reported that the Trump administration is considering ending the DACA program. Some information indicated that an announcement could be imminent. However, today, Elise Foley of The Huffington Post tweeted that a DHS spokesman said no decision would come today. AILA will continue to monitor the situation, and post updates as we …
Question: I want to open up my own company. Can you you let me know some specifics. For example, I have a friend from Iran. Can he get an E1 or E2? As for E-2’s, Iranians can apply for E-2’s anywhere. Question: Are there any restrictions where the money comes from for the investment? Answer: …
Fortune reports that a shortage of migrant workers is resulting in lost crops in California, triggering losses of more than $13 million in two California counties alone. Farmers say they’re having trouble hiring enough people to work during harvest season, causing some crops to rot before they can be picked. The ongoing battle about U.S. immigration …
Where the ALJ had found the employer petitioner liable for 504 violations of INA §274A, which requires employers to verify that their employees are legally authorized to work in the United States, and had assessed a total penalty of $305,050, the Ninth Circuit granted the petition for review as to one violation, because the charge was …
TIME reports that undocumented immigrants are being swept up in immigration raids targeting their friends, neighbors, and coworkers. Under the Trump administration’s new enforcement priorities, ICE is instructed to detain and deport anyone who is in the country illegally, which means even so-called “non-targets” are ending up in custody after a raid.
The ACLU and the Center for Gender and Refugee Studies reached a settlementagreement with ICE in a suit brought regarding delays in the production of information requested via FOIA on ICE’s detention of asylum seekers who are found to have a credible fear of persecution. Among other things, ICE agreed to provide an informal description of …
CNN reports that a new study published by the University of Pennsylvania’s Wharton School found that the Reforming American Immigration for Strong Employment (RAISE) Act, would result in 4.6 million lost jobs by the year 2040. It also found that the U.S. economy would be two percent smaller than it would be under the current immigration policy …
Answer: In this case, there is actually an unpublished case that allows this to go forward. However, even without this case, it is possible. You will have to define the social group differently. In this case, I can see some group similarly referencing women that are being beaten, but are in ‘common law’ marriages and/or …
Answer: There are several grounds in which you can apply for asylum. One of the grounds is if you are being persecuted because you are in a ‘social group’. You have to define an immutability characteristic. This is where a person cannot change OR it is so fundamental that the person should not have to …
“My Husband beat me”. Now it is possible to apply for Asylum. Question: My husband beat me and I was afraid for my life, so I escaped to the United States. Can I apply for something so I do not have to go back to my home country? Answer: Yes, it may be possible to …
The Associated Press reports that the Ninth Circuit Court of Appeals ruled on Wednesday that two laws passed by Congress didn’t end the right to a bond hearing for unaccompanied immigrant children detained by federal authorities. The court said that immigrant children who cross the border without their parents have the right to a court hearing to …