Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
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.
The Third Circuit held that people who publicly provide assistance against major Salvadoran gangs constitute a particular social group (PSG) and that the BIA erred in applying Myrie v. Attorney General when it denied the petitioner CAT relief.
MALDEF filed a complaint on behalf of six U.S. citizens who were denied federal stimulus checks because they filed joint tax returns with spouses who use an Individual Tax Identification Number (ITIN) to pay taxes. A U.S. citizen from Illinois also filed a class action suit against the administration, alleging that the denial of stimulus checks to U.S. citizens …
DHS published a notice in the Federal Register containing the text of the Asylum Cooperative Agreement between the United States and Honduras, which was signed on September 25, 2019.
DOS announced that starting June 1, 2020, the National Visa Center (NVC) will no longer accept or respond to inquiries through mail. Any unsolicited mail postmarked June 1, 2020, or later will not receive a response and will be destroyed. All inquiries will need to be submitted through the NVC’s Public Inquiry Form.
The DOL Office of Foreign Labor Certification (OFLC) announced that, with the decommissioning of the iCERT System, the publishing of application processing times has been transitioned to the FLAG System website.
Acting ICE Director Matthew Albence is resisting a White House effort to install a number of political appointees at the agency that he helms. The clash is the latest in a series of battles between Albence and other top officials, as the ICE chief faces pressure from Trump administration officials who see the coronavirus crisis …
USCIS announced that U.S. service members and veterans can now file Form N-400, Application for Naturalization, online.
Last week, USCIS announced that for certain types of requests and notices issued between March 1 and July 1, 2020, inclusive, USCIS will consider responses received within 60 calendar days after the response due date set in the request or notice before taking any action. DHS announced that beginning May 1, 2020, Form I-9 List B identity documents set …