Law Offices of Brian D. Lerner
Immigration Lawyer & Deportation Defense Nationwide | Free Consultation
The U.S. District Court for the District of Hawaii issued a temporary restraining order (TRO) enjoining the government from enforcing or implementing Section 2 (90-day travel ban) and Section 6 (120-day ban on U.S. refugee program) of the March 6, 2017, Executive Order (EO 13780) nationwide. Also, early today, the U.S. District Court for the District of Maryland issued …
The Wall Street Journal reports that immigrant advocacy groups hailed a federal judge in Hawaii’s ruling on Wednesday that blocked President Trump’s revised travel ban from taking effect. However, they noted that the continuing legal battle over the ban casts an air of uncertainty over the immigration system and has already disrupted refugee resettlement and long-planned trips to the United States.
USCIS announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for FY2017. March 13, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before October 1, 2017.
WASHINGTON — U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected. The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in …
The Second Circuit deferred to the BIA’s decision in Matter of F-P-R- to hold that the petitioner’s rebuffed effort to enter Canada from the United States after being illegally present in the United States following multiple deportations counted as his “last arrival” into the United States, thus giving him an additional one year from that date to file an …
Washington state Attorney General Bob Ferguson said during a press conference on Thursday that his office is filing a motion asking a federal judge in Seattle to rule that an existing injunction against Trump’s earlier travel ban order applies to parallel portions of the president’s new directive. The states of Washington and Minnesota obtained the broadest injunction against Trump’s …
The crime of transporting a loaded firearm in violation of title 21, section 1289.13 of the Oklahoma Statutes is categorically a firearms offense under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2012), even though the term “transporting” is not included in the Act, because section 237(a)(2)(C) is broadly construed to …
The Associated Press published a leaked draft of a DHS intelligence report that found that country of citizenship is “unlikely to be a reliable indicator of potential terrorist activity,” and that few people from the seven Muslim-majority countries President Trump listed in his January 27, 2017, travel ban have been involved in terrorism-related activities in the United States since the …
Aligning the Department’s Privacy Policies with the Law. The Department will no longer afford Privacy Act rights and protections to persons who are neither U.S. citizens nor lawful permanent residents. This is one area that is highly questionable. The DHS Secretary cannot simply state that a person who is not a resident or citizen will …
The Fourth Circuit granted the petition for review and remanded, holding that while the BIA properly reviewed the IJ’s credibility determination and findings of fact for clear error only, it should have reviewed de novo the IJ’s ultimate legal judgment that the undisputed facts and credited evidence did not meet the good faith marriage standard of INA …
On February 21, 2017, Attorney General Jeff Sessions issued a memo to the Federal Bureau of Prisons (BOP) rescinding former Deputy Attorney General Sally Yates’ August 18, 2016, memo entitled “Reducing Our Use of Private Prisons,” which aimed to sharply scale back DOJ’s use of private prison contractors in the federal prison system. The memo from Sessions …
As with the other parts of the memo, it is wide open, vague and ambiguous. States officers can arrest and detain if ‘probable cause’, but there is no definition as to how it defines this term and under what conditions. No more excluding any classes from prosecutorial discretion. Thus, it seems wide open to try …
The DHS memo seems to now want to greatly expand expedited removal of foreign nationals. The memo goes on to State that local and State enforcement officers need to enforce U.S. Immigration Laws There will certainly be a wide variety of lawsuits on this memo because it is vague, ambiguous and far too broad and …
All prior enforcement memos are rescinded except those dealing with issues when children were brought to the U.s. No longer are certain foreign nationals exempted from enforcement. The memo seems to now prioritize removability actions against those persons with crimes and fraud The new priorities (which may be able to be fought in Court) are …
The Department of Justice indicated in a February 16, 2017 court filing that President Trump intends to rescind the January 27, 2017 Executive Order and issue a new order in its place. DOJ urged the court to “hold its consideration of the case until the President issues the new Order,” and the Ninth Circuit subsequently …