Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s application for deferral of removal under the Convention Against Torture (CAT), finding that the evidence did not compel the conclusion that the petitioner established it was more likely than not that he would be perceived as a gang member and tortured in …
A Transactional Records Access Clearing House (TRAC) report finds that detainer use by Immigration and Customs Enforcement (ICE) has declined, with the latest data showing that ICE issued 7,993 detainers in April 2015—30% fewer than in October 2014. However, according to the data, only 32% of individuals on whom detainers were placed during April 2015 …
USCIS announced that it has altered the process for paying the USCIS Immigrant Fee through its electronic immigration system (ELIS). USCIS stated that the revised payment process reduces the amount of information that an immigrant must provide, and permits anyone, including a family member, friend, employer, attorney, or accredited representative, to pay the fee, as long …
$10,000 bond granted for client whose case was recently denied by the Immigration Judge and who has a 2013 conviction for trafficking 50-100 kilos of cocaine.
The State Department released the Visa Bulletin for September 2015. There was forward movement in most employment- and family-based visa categories, although the employment-based second preference categories for mainland China and India retrogressed to January 1, 2006, from December 15, 2013, and October 1, 2008, respectively. The Visa Bulletin also includes information on the worldwide …
On Friday, August 21, 2015, U.S. District Judge Dolly Gee issued an order in Flores v. Johnson, ruling that children should generally be released from family detention within five days—preferably to a parent, including a parent with whom they were apprehended. The government must implement the court’s ruling by October 23, 2015. Family detention Detention …
KPCC reports that California Governor Jerry Brown has signed a bill that removes the term “alien,” used in reference to foreign-born workers, from the California Labor Code. Advocates applauded the removal of the term, which is now commonly viewed as derogatory and dehumanizing, as an important step toward modernizing California’s laws. Aliens Immigration and aliens …
BALCA reversed the Center Director’s prevailing wage determination, finding that, pursuant to 20 CFR §656.40, an otherwise qualifying employer-provided survey cannot be rejected based on the absence of an arithmetic mean wage.
The Department of Homeland Security (DHS) extended the designation of Haiti for Temporary Protected Status (TPS) for 18 months, through July 22, 2017. The 60-day re-registration period runs from today to October 26, 2015. DHS also extended the suspension of certain requirements involving employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as …
The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for …
The Ninth Circuit reversed the Board of Immigration Appeals’ denial of the petitioner’s adjustment of status application, finding that the petitioner reasonably relied on Acosta v. Gonzales, which was the law of the circuit in effect at the time he applied to adjust status, but which was later overruled by Garfias-Rodriguez v. Holder. The court …
In a precedent decision, the Board of Immigration Appeals (BIA) held that the beneficiary of a visa petition who was adopted pursuant to a state court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an …
BALCA affirmed the Certifying Officer’s denial on the ground that the $16.00 per hour wage rate listed on the Notice of Filing (NOF) did not apprise applicants that they could earn up to $18.00 per hour, the highest end of the $15.58 to $18.00 per hour wage range that was attested to in the Form …
An article in the Washington Post shares the immigration story of Miguel Aguilar, who at age 11 fled his hometown in Mexico to escape escalating violence, and who now plays professional soccer for the D.C. United team. Two-and-a-half years ago, Mr. Aguilar was granted DACA, and is believed to be the first DACA recipient to …
In a precedent decision, the Board of Immigration Appeals (BIA) found that Immigration Judges (IJs) must notify asylum applicants of the biometrics requirements, the deadline for complying with the requirements, and the consequences of noncompliance. The BIA also held that neither IJs nor the BIA has jurisdiction to consider whether asylum-only proceedings were improvidently instituted …