Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
In a precedent decision issued today, the BIA found that neither the government nor the respondent bears a formal burden of proof in immigration proceedings to establish whether or not the respondent is mentally competent, but where indicia of incompetency are identified, the Immigration Judge (IJ) should determine if a preponderance of the evidence establishes …
An article in the New York Times discusses ICE’s use of ankle monitors as a condition of release for women detained in family detention centers. According to the article, federal officials say that using ankle monitors is an economical alternative to detention. Advocates, however, argue that the monitors are stigmatizing as well as unnecessary.
BALCA reversed the denial of the labor certification pursuant to its holdings in Matter of Chabad Lubavitch Center and Matter of Symantec Corporation. The Certifying Officer had denied the employer’s PERM application solely because the State Workforce Agency (SWA) job order and website posting did not state the geographic location with enough specificity to apprise …
USCIS has rolled out three changes to E-Verify,, including an update intended to make it easier for E-Verify to confirm that employment authorization has been automatically extended for Temporary Protected Status (TPS) beneficiaries, a redesign of the case details page, and an update to Further Action Notices and Tentative Nonconfirmation (TNC) e-mails. https://cbocalbos.wordpress.com/tag/e-2/ https://cbocalbos.wordpress.com/tag/e-2-application/ https://cbocalbos.wordpress.com/tag/e-2-approval/ …
The Second Circuit affirmed the judgment of the District Court for the Southern District of New York, holding that, in order to avoid the constitutional concerns raised by indefinite detention, an immigrant detained pursuant to INA §236(c) must be afforded a bond hearing before an Immigration Judge within six months of his or her detention. Following …
The First Circuit held that the BIA did not err in upholding the denial of the petitioner’s I-751 joint petition and I-751 waiver petition and in finding that the petitioner had not satisfied her burden of proving that she had entered into her marriage in good faith. Accordingly, the court found that the petitioner was …
BALCA vacated the Certifying Officer’s (CO) denial of the employer’s application for labor certification and remanded, holding that the employer verified sponsorship upon signing the statement certifying the conditions of employment on the mailed-in application, even though the CO could not confirm the sponsorship because the CO was unable to make contact with the employer. …
Politico reports that newly released government records show that, from mid-July 2014 through August 31, 2015, immigration judges issued nearly 2,800 removal orders for child migrants from Central America who were afforded no defense lawyer and only a single hearing. In at least 40 percent of those cases, the defendant was 16 years old or …
USCIS and DHS, in consultation with DOS, have added 16 countries (Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste) to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for 2016. The notice listing the eligible countries was published in the Federal Register today. https://cbocalbos.wordpress.com/tag/h2a/ https://cbocalbos.wordpress.com/tag/h2b/ …
USCIS released updated processing time reports dated November 17, 2015, with processing dates as of September 30, 2015, for the California Service Center (CSC), theNebraska Service Center (NSC), the Texas Service Center (TSC), the Vermont Service Center (VSC), the National Benefits Center (NBC), and the Immigrant Investor (EB-5) Program. https://cbocalbos.wordpress.com/tag/eb5/ https://cbocalbos.wordpress.com/tag/eb5-investment/ https://cbocalbos.wordpress.com/tag/eb5-investment-attorney/ https://californiaimmigration.us/have-money-for-a-business-get-the-eb-5-from-an-eb-5-attorney-los-angeles/
NBC News reports that a new study from the Center for American Progress revealed that as many as 1.5 million U.S. citizens who have relatives awaiting deportation relief under DAPA will be eligible to vote for president in 2016. The study also found that 6.3 million U.S. citizens live in the same households as relatives …
he DC Circuit reversed the district court, finding that the post-plea misrepresentations made by the appellant’s attorney regarding the potential immigration consequences of pleading guilty to federal wire fraud could constitute ineffective assistance of counsel. The court remanded for the district court to consider whether the appellant can show that he was prejudiced by his …
House members voted 289-137 in favor of Rep. Michael McCaul’s (R-TX) H.R. 4038, American Security Against Foreign Enemies Act of 2015. https://cbocalbos.wordpress.com/tag/bureau-of-population-refugees-and-migration/ https://cbocalbos.wordpress.com/tag/refugees/ https://cbocalbos.wordpress.com/tag/syrian-refugees/ https://californiaimmigration.us/political-asylum/refugee-adjustment/
An article in the Washington Post reports that leaders of major American religious groups have condemned proposed bans on Syrian refugees, contending that a legitimate debate over security has been overtaken by irrational fear and prejudice. The article states that top organizations representing evangelicals, Roman Catholics, Jews, and liberal Protestants are in agreement that security …
DOS issued a fact sheet on the Visa Waiver Program (VWP), which allows eligible citizens or nationals of countries which have met U.S. security requirements to travel to the United States without visas in exchange for visa-free travel to those countries by U.S. citizens. The fact sheet includes information on how the VWP works and …