Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Today, the BIA issued two precedent decisions addressing the issue of whether evidence that photographs and fingerprints were taken in conjunction with a noncitizen’s voluntary departure or return constitutes a formal, documented process sufficient to break continuous physical presence for purposes of establishing eligibility for cancellation of removal, where the noncitizen had the right to …
The Dallas Morning News reports that a federal civil rights suit was filed yesterday by 16 plaintiffs against Dallas County and Sheriff Lupe Valdez over bonds and the use of immigration holds requested by ICE. The suit states: “The moving force for this claim is Dallas County’s practice of refusing immediate release on bond to …
The Seventh Circuit granted the petition for review, holding that the Immigration Judge (IJ) misunderstood the petitioner’s testimony about the nature of the procedure his wife ultimately received; namely, the implantation into her arm of a contraceptive device. Further, the court found that the IJ erred by concluding, alternatively, that the petitioner could not show …
The government to comply with U.S. District Judge Dolly Gee’s July 24, 2015, ruling concerning the inhumane detention of mothers and children fleeing violence and persecution. In a press release, the CARA Family Detention Pro Bono Projectnoted the government’s noncompliance with the ruling, and called on the government to “immediately cease [the] abhorrent practice” of …
USCIS updated its El Salvador Temporary Protected Status (TPS) webpage with a note indicating that, as of late September 2015, USCIS had approximately 6,000 El Salvador TPS renewal cases that remain pending and have not received a new employment authorization document (EAD) to replace the one that expired on September 9, 2015. On October 5, …
The Tenth Circuit granted the petition for review, holding that the Board of Immigration Appeals’ decision to retroactively apply Matter of Briones to the petitioner’s case found no support in the principles underlying the law of retroactivity, in U.S. Supreme Court or circuit precedent, or in relevant authority from other jurisdictions. The court further found …
In a 54 to 45 vote, the Senate blocked S. 2146, the Stop Sanctuary Policies and Protect Americans Act, from advancing to the Senate floor. To move forward, the bill required a supermajority, or 60 votes.
The Second Circuit reversed the Board of Immigration Appeals (BIA) and remanded, finding that it was unable to meaningfully review the agency’s removability determination, because the BIA had failed to consider material evidence—namely, the petitioner’s 1994 marriage certificate. On remand, the BIA was instructed to evaluate the authenticity of the marriage certificate, and to articulate …
The Department of Homeland Security (DHS) will allow up to 12,999 nonimmigrants in fiscal year (FY) 2016 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. DHS published the notice in today’s Federal Register. Under the CW-1 program, employers in the CNMI can apply for temporary permission to employ foreign nationals who …
A recent Transactional Records Access Clearing House (TRAC) report found that Immigration Judges completed 198,105 cases during FY2015, up 7.3% from 184,597 in FY2014. The data indicated that this marks the first time in six years that immigration court case closings have risen rather than fallen, halting a downward slide that had been observed since …
BALCA affirmed the denial of certification where the employer incorrectly entered the prevailing wage validity period on the ETA Form 9089 as less than the minimum 90 days required by 20 CFR §656.40(c). BALCA rejected the employer’s argument of harmless error, even though the prevailing wage determination issued by the State Workforce Agency did not …
The Ninth Circuit granted the petition for review and remanded, holding that the language in 18 USC §16(b), which is incorporated into INA §101(a)(43)(F)’s definition of a “crime of violence,” was unconstitutionally vague. The court found that §16(b)’s language suffered from the same indeterminacy the U.S. Supreme Court found in the Armed Career Criminal Act’s …
The Ninth Circuit granted the petition for review of the Board of Immigration Appeals’ decision, which found that the petitioner was inadmissible under INA §212(a)(3)(B) for having engaged in terrorist activity. The court held that the Board erred in failing to apply the clear error standard of review to the Immigration Judge’s finding that the …
The State Department provided information on the 2017 Diversity Immigrant Visa Program (DV-2017), including instructions on submitting an electronic entry, answers to frequently asked questions (FAQs), and a list of countries/areas by region whose natives are eligible for DV-2017. Entries must be submitted electronically between October 1, 2015, andNovember 3, 2015. https://cbocalbos.wordpress.com/tag/diversity-visa/ https://cbocalbos.wordpress.com/tag/diversity-visa-program/ https://cbocalbos.wordpress.com/tag/diversity-visas/ https://californiaimmigration.us/2011-diversity-visa-lottery-program-registration-starts-october-2nd/
USCIS recently rebalanced the workload distribution of certain Form I-140 petitions and employment-based Form I-485 applications between the TSC and the NSC. Beginning October 19, 2015, individuals who submit a Form I-140 petition together with a Form I-907, Request for Premium Processing, with a worksite location in Maryland, New Jersey, New York, or Pennsylvania must file …