Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
(1) A false claim to United States citizenship falls within the scope of section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii)(I) (2012), where there is direct or circumstantial evidence that the false claim was made with the subjective intent of obtaining a purpose or benefit under the Act or any other …
In a precedent decision issued today, the BIA held that, in determining whether a noncitizen presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an IJ should consider both direct and circumstantial evidence of dangerousness, including whether the facts and circumstances present national security considerations. …
The Ninth Circuit denied a petition for review brought by a former Salvadoran professional soccer player and deputy to a Salvadoran congressman, holding that he was statutorily barred from asylum and withholding of removal relief under the serious nonpolitical crime bar, because there was probable cause to believe that he was complicit in the murders …
NBCNews reports that the Southern Poverty Law Center (SPLC) has filed a FOIA lawsuit against ICE to obtain the release of government records regarding arrests in early 2016 of Central American immigrants in Georgia, North Carolina, and Texas. SPLC believes the records will show how and why ICE pursued the 121 women and children who …
The BIA ruled that as a crime of violence under 18 USC §16(a), the state statute must require as an element the use, attempted use, or threatened use of violent physical force. The BIA further held that the crime of aggravated battery under the Puerto Rico Penal Code, which may be committed by means that …
DHS extended the designation of Syria for Temporary Protected Status (TPS) for 18 months, from October 1, 2016, through March 31, 2018. The 60-day re-registration period will run from August 1, 2016, through September 30, 2016. DHS also redesignated Syria for TPS, allowing individuals who have been continuously residing in the United States since August …
The Ninth Circuit granted the petitioners’ petitions for review, holding that the BIA erred in finding that their convictions for identity theft under California Penal Code §§530.5(a) and (d)(2) were categorically crimes involving moral turpitude, because violations of those subsections do not constitute fraud-based crimes, nor do they necessarily involve vile, base, or depraved conduct. …
On March 9, 2016, USCIS designated the Administrative Appeals Office’s (AAO) February 9, 2016, decision in Matter of H-V-P- as an adopted decision, and directed USCIS officials to follow its reasoning in similar cases. The decision clarifies that medical specialists who agree to practice in any area designated by the Secretary of Health and Human …
Politico reports that the Ninth Circuit last week heard arguments on a landmark case testing child migrants’ right to counsel in deportation hearings. During the hearing, the three-judge panel often seemed to be warning the Justice Department that hiding behind jurisdictional rules in a case involving minors wasn’t true justice at all. “It’s a real …
As of March 24, 2016, USCIS had receipted 9,659 beneficiaries towards the 33,000 cap for the second half of FY2016. This count includes 4,065 approved and 5,594 pending beneficiaries. The H-2B cap for the first half of FY2016 was reached on March 15, 2016. https://cbocalbos.wordpress.com/tag/h-2b/ https://cbocalbos.wordpress.com/tag/h-2b-countries/ https://cbocalbos.wordpress.com/tag/h-2b-list/ https://californiaimmigration.us/visas/h-2b-temporary-worker/
In a decision issued yesterday, the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s Bivens action against various government officials, holding that no Bivensremedy is available to a plaintiff who claims that immigration officials unconstitutionally prolonged his detention. The plaintiff had been ordered removed, and although ICE does not effectuate removals to Cuba, …
In a class action habeas petition brought by noncitizens with criminal convictions subject to mandatory detention under INA §236(c), the Ninth Circuit affirmed the district court’s class certification order and preliminary injunction requiring the government to provide all class members with bond hearings under §236(a). The court held that, under the plain language of §236(c), …
On December 31, 2015, DHS published in the Federal Register a notice of proposed rulemaking concerning certain employment-based immigrant and nonimmigrant visa programs for high-skilled workers. The proposed rule would codify existing agency guidance on the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and Workforce Improvement Act of …
If you are petitioning to get an E-2 Employee, there might only be a 3 month, or 6 month or 1 year limitation. It will depend on the Consulate. Some might even go as far as 5 years. You might get some visitors from Immigration to make sure the business is real. Substantive changes must …
The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In …