Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
In a published decision the BIA remanded the record to the immigration court for a new hearing before a different Immigration Judge (IJ), finding that conduct by an IJ that can be perceived as bullying or hostile is never appropriate, particularly in cases involving minor respondents, and may result in remand to a different IJ. …
An article in Politico reports that the Solicitor General of Texas wrote to the Clerk of the U.S. Supreme Court on Monday, requesting an extension of 30 days to file a brief in opposition to the government’s petition for a writ of certiorari, which asks the Supreme Court to overturn the injunction blocking DAPA and …
Where a citizen of Mexico had sought relief based on his fear that he would be persecuted on the basis of his sexual orientation, the Ninth Circuit found that substantial evidence supported the BIA’s denial of the petitioner’s claims for asylum, withholding of removal, and CAT relief. The court also concluded that the BIA did …
ICE issued standard operating procedures (SOPs) establishing minimum legal access and legal visitation standards applicable to all ICE Family Residential Centers (FRCs) that are active and operational. The SOPs include information on a pre-screening requirement for the designation of legal visitors and independent medical experts, visits by legal representatives and legal assistants, legal visitation hours, …
USCIS released a policy memo providing guidance regarding changes in the paper version of the new Form G-28, Notice of Entry of Appearance as Attorney or Representative, with an edition date of March 4, 2015. The memo includes information on how applicants can change their mailing preferences after filing. The memo does not address filings …
The Tenth Circuit followed Matter of Strydom, holding that violation of an order prohibiting contact with a potential victim satisfies the requirements of INA §237(a)(2)(E)(ii), which provides that a permanent resident is removable if he or she “violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or …
DOS issued a final rule on the elimination of visa page insert service for regular fee U.S. passport book holders. Beginning January 1, 2016, DOS will no longer add visa pages into U.S. passports, and applicants in need of additional pages in their valid passports must obtain a new passport by mail. DOS began issuing …
During the call, DOS indicated that less than .5% of nonimmigrant visa petitions and less than 1% of immigrant visa petitions are returned to USCIS for further action. Of note, USCIS stated that it tries to respond within 120 days after a response to a Notice of Intent to Revoke (NOIR) is received, and that expedite is possible, and is …
USCIS published a notice in the Federal Register on proposed changes to Form I-9, Employment Eligibility Verification. Comments will be accepted until January 25, 2016. USCIS stated in a news alert that many of the proposed changes to Form I-9 are intended to help reduce technical errors and help customers complete the form on their …
An article in Marketplace reports that the White House is warning Congress that President Obama would veto a bill that calls for additional background checks on Syrian refugees. The administration noted that there are already stringent background checks for refugees, and that more would only cause unnecessary delays.
The Tenth Circuit denied the petition for review, rejecting the petitioner’s claim that the BIA violated his due process rights by relying on evidence from written reports prepared by immigration officers and other written materials contained in the agency’s files to determine that he had entered into a sham marriage in order to obtain lawful …
DOL provided notice that the Office of Foreign Labor Certification (OFLC) National Office currently located in the Frances Perkins Building in Washington, D.C. is relocating within D.C. effective November 23, 2015. The notice includes the new contact information, but states that mail for the OFLC National Office should continue to be sent to the Frances …
Today, DOJ filed a petition for a writ of certiorari with the U.S. Supreme Court, asking the Court to overturn the injunction blocking DAPA and expanded DACA, and arguing that the 26 states challenging President Obama’s executive actions lack standing to do so. The petition states that if the Fifth Circuit’s majority ruling is left …
Matter of GARCIA-RAMIREZ, 26 I&N Dec. 674 (BIA 2015) (1) Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien’s continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(A) …
Matter of CASTREJON-COLINO, 26 I&N Dec. 667 (BIA 2015) (1) Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien’s continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(A) …