Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The Seventh Circuit granted the petition for review and remanded to the Board of Immigration Appeal (BIA), finding that the Immigration Judge and the BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel because of an unpaid drug debt and had …
The American Immigration Council, along with several co-counsel, has filed a class action lawsuit challenging USCIS’s failure to timely adjudicate applications for employment authorization documents (EADs) and to issue interim employment authorization. https://cbocalbos.wordpress.com/tag/ead/ https://cbocalbos.wordpress.com/tag/1-year-deadline/ https://cbocalbos.wordpress.com/tag/attorneys-failure-to-meet-deadlines/ https://californiaimmigration.us/the-us-will-put-more-efforts-into-protecting-haitian-orphans-that-maybe-ready-for-adoption/
The Sixth Circuit denied the petition for review of the application for withholding of removal, holding that the Mexican petitioner’s proposed social group—”persons who are perceived to have money or access to money due to having spent a significant amount of time in and having familial ties to the United States”—was not cognizable under the …
Both chambers of Congress have passed the omnibus appropriations bill for FY2016, funding the government through September 30, 2016. The House passed the bill by a vote of 316 to 113, and the Senate followed suit, approving the bill by a vote of 65 to 33 https://cbocalbos.wordpress.com/tag/emergency-border-security-supplemental-appropriations-act/ https://cbocalbos.wordpress.com/tag/us-chamber-of-commerce/ https://cbocalbos.wordpress.com/tag/spending-bill/ https://californiaimmigration.us/h-1bs-2/
Where the employer filed the ETA Form 9089 within six months of the SWA job order, but notwithin 180 days, BALCA overturned the Certifying Officer’s denial, finding that it was unfair to punish the employer because of a potential conflict between the terms “6 months” and “180 days” found at 20 CFR §656.17(e)(2), which provides …
Sometimes fighting in Court as to whether you are a U.S. Citizen is not nearly as easy as it might seem. The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en …
A federal judge in Texas on Wednesday rejected a request from Texas for a temporary restraining order (TRO) to bar nine Syrian refugees from being resettled in Houston. U.S. District Court Judge David Godbey ruled that Texas had “failed to show by competent evidence that any terrorists actually have infiltrated the refugee program, much less that …
CBP announced that it will begin testing new biometric technology at the Otay Mesa pedestrian crossing. The project will be deployed in two phases. Starting today, certain non-U.S. citizens entering the United States in the pedestrian lanes will utilize new kiosks equipped with biometric capture technology to provide a facial photograph and iris images. The …
The Senate Judiciary Committee approved by a vote of 16-4 a nonbinding amendment authored by Senator Patrick Leahy (D-VT) that prohibits the U.S. government from barring individuals from entering the country based on their religion. “It is the sense of the Senate that the United States must not bar individuals from entering into the United …
BIA Says Probationary Confinement in Substance Abuse Treatment Facility Is “Term of Confinement” In a published decision issued today, the BIA held that a term of confinement in a substance abuse treatment facility imposed as a condition of probation constitutes a “term of confinement” under INA §101(a)(48)(B) for purposes of determining if an offense is …
DOS released the Visa Bulletin for January 2016, including the availability of immigrant numbers for “Application Final Action Dates” and “Dates for Filing Applications.” There was forward movement in the “dates for filing” and the “final action dates” for many of the family-based categories. In addition, there was forward movement in the “final action dates” …
The Fourth Circuit upheld the BIA and the IJ’s determination that the petitioner’s aggravated felony conviction for a drug trafficking crime, for which the petitioner received a sentence of five years’ imprisonment, was per se a particularly serious crime under INA §241(b)(3)(B). The court thus found that the petitioner was ineligible for withholding of removal. …
BALCA overturned the Certifying Officer’s denial and ordered that the labor certification be granted, holding that Notice of Filing (NOF) regulations only require the NOF to contain information specific enough to apprise U.S. workers of the job opportunity, and do not require employers to run advertisements enumerating every job duty, job requirement, and condition of …
The Eighth Circuit affirmed the district court’s dismissal, holding that the court lacked jurisdiction to consider whether USCIS failed to comply with disclosure requirements under 8 CFR §103.2(b)(16) when it revoked the plaintiff-beneficiary’s I-140 petition. The court also held that the plaintiff could not port his I-140 to subsequent employers, because the I-140 was not …
The BIA ruled that the 10 years of continuous physical presence required by 8 CFR §1240.66(c)(2) for an individual seeking special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA) should be measured from the individual’s most recently incurred ground of removal, at least where that ground is among those …