Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
NBC reports on a video showing a group of federal immigration officials detaining a protester at a George Floyd rally in New York City on Friday. One of the officials is seen wearing a vest labeled “HSI Police,” a division of ICE. According to the Immigrant Defense Project, the man who was arrested is of Puerto Rican …
The BIA ruled that the absence of a checked alien classification box on a Notice to Appear (NTA) does not, by itself, render an NTA fatally deficient; preclude an immigration judge from exercising jurisdiction over removal proceedings; or terminate proceedings under the Migrant Protection Protocols.
Within weeks of filing, USCIS reversed the prior petition denials in both plaintiffs’ cases. This was for market research analysis
After rejecting some Forms I-140 that included e-certified ETA-9089s or blue ETA-9089s with electronically reproduced signatures, USCIS announced that it will ask petitioners to resubmit their Form I-140 with either wet signatures or scanned copies of signatures and a copy of the rejection notice.
The Houston Chronicle features an op-ed by Roger Ernesto La O Muñoz, a Cuban asylum seeker who is currently detained in the Joe Corley Detention Facility in Conroe, Texas. As a college graduate with a degree in hygiene and epidemiology, he writes on behalf of 55 fellow detainees to send a message to the president, immigration judges, human …
DOS posted the June 2020 Visa Bulletin. In addition to final action dates and dates for filing for family– and employment-based petitions, the bulletin includes notes on the DV category for the month of June and the DV category rank cut-offs which will apply in July.
On April 24, 6 U.S. troops filed a class-action lawsuit after being blocked from an expedited naturalization process. To qualify for the expedited process, servicemen must provide Pentagon certification that they have served honorably. Previously, this certification was available one day after starting their service. In 2017, the Trump administration changed the requirement, making non-citizen troops wait …
On Wednesday, the 10th Circuit Court of Appeals ruled that Kansas cannot require proof of citizenship, such as an original birth certificate or passport, to register to vote. The court ruled against the state because it was unable to prove that the law was necessary to prevent voter fraud, especially since the law disenfranchised more than 30,000 …
On April 23, the Supreme Court upheld a lower court decision that found one permanent resident ineligible for cancellation of removal due to his past crimes. One issue in the case was the “stop-time rule.” The Supreme Court found that the rule was triggered when the immigrant committed a crime that made him inadmissible, though he had …
On May 5, a new class-action lawsuit was filed that contends that the CARES Act excludes and discriminates against many U.S. citizen children whose parents are undocumented. The lawsuit argues that since these children qualify for other federal public benefits, there is no logical reason they should be excluded from any relief from the stimulus package.
On May 7, the Supreme Court unanimously ruled that the 9th Circuit should not have ruled on an immigration-related First Amendment issue, because the issue was not raised by either parties in the lawsuit. The lawsuit concerns one woman who was convicted of “encouraging” a foreigner to be in the U.S. illegally. Now, the case will go …
On April 30, the Trump administration postponed immigration court hearings for asylum seekers waiting in Mexico under the “Remain in Mexico” policy. Asylum seekers with hearings scheduled through June 1 should wait until instructed, then appear at the border to get new hearing dates. As of last Friday, there were about 25,000 asylum seekers waiting in Mexico.
CNN reports that despite much of the country being shuttered due to the COVID-19 pandemic, DOJ has continued to hold some deportation hearings, including those of unaccompanied minors. Given guidelines on social distancing, many of these hearings are being conducted remotely, with the judge, attorneys, and the child all participating from separate locations.
DHS issued a final rule delaying the date for card-based enforcement of the REAL ID Act regulations from October 1, 2020, to October 1, 2021. Beginning on October 1, 2021, federal agencies may not accept a state-issued driver’s license or identification card for official purposes from any individual unless such license or card is a REAL ID-compliant …
The Second Circuit held that INA §242(a)(2)(C)’s jurisdictional provision applies only to cases in which the immigration judge has found a petitioner removable based on covered criminal activity and does not apply where the petitioner’s order of removal is based solely on unlawful presence.