Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
CNN reports that the DOJ’s Office of the Inspector General is reviewing the Trump administration’s decision to keep the nation’s immigration courts open while COVID-19 swept through the United States. EOIR came under criticism from immigration judges, attorneys, and ICE prosecutors for proceeding with immigration hearings despite social distancing guidelines and shelter-in-place orders
According to Guatemala’s health minister, flights arriving with deportees from the U.S. have increased the amount of confirmed cases of COVID-19. In one flight, 50-75% of deportees tested positive for the coronavirus. Additionally, the U.S. has allegedly been noncompliant with a request to have only 25 passengers per plane. As a result, Guatemala has expanded COVID-19 testing of those …
DHS has temporarily changed H-2A rules to minimize disruption of agriculture caused by the coronavirus pandemic.
USCIS announced that because DOS is not processing Hague Adoption Convention cases from the Republic of the Congo, and because U.S. consular officers cannot issue the Hague Adoption Certificate or Hague Custody Certificate, USCIS will reject Form I-800 petitions filed for children from the Republic of the Congo.
CBS News reports that yesterday, a federal judge in California ordered ICE to actively and rapidly review the cases of all detained immigrants at increased risk of severe illness or death if they contract the coronavirus and determine whether they should be released. Coronavirus cases among the more than 31,000 immigrants held by ICE surged to 220 …
The National Association of Immigration Judges (NAIJ) submitted a motion to file an amicus brief in NIPNLG, et. al. v. EOIR, et. al., a case filed by AILA, the Immigration Justice Campaign, the National Immigration Project of the National Lawyers Guild (NIPNLG), and several detained individuals challenging EOIR’s operation of in-person immigration court hearings and ICE’s conditions of …
Today, the CDC published a notice of a new order extending the suspension of entry of certain persons traveling from Canada and Mexico through land ports of entry (POEs) through May 20, 2020. CBP also published notices continuing temporary travel restrictions for land POEs on the U.S. border with Canada and the U.S. border with Mexico.
USCIS announced that, effective April 10, 2020, it is no longer issuing Form N-560AB, Certificate of Citizenship. USCIS is now issuing Form N-560A for all Certificates of Citizenship associated with Forms N-600, N-600L and Child Citizenship Act adopted children. Previously issued Forms N-560AB remain valid.
DHS published a final rule revising procedural requirements in the regulations related to service of process of summonses, complaints, and subpoenas. The rule is effective today, April 23, 2020.
on this BIA case: The Board of Immigration Appeals has issued a decision in Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020). Headnotes: (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the …
The BIA ruled that for determining the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by an individual’s unwillingness to satisfy the terms of acceptance.
A gay man from Ghana was brutally attacked for his sexual orientation before he escaped and made his way to the U.S. Immigration judges denied his claim in part because there were not multiple attacks. On appeal, a federal appeals court ruled that the man must have his claim reconsidered, saying a single attack can be …
Last week, USCIS announced that responses to Requests for Evidence (RFEs) and Intent to Deny (NOID) would be due 60 days after the listed deadline. On March 30, USCIS expanded that flexibility to Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers. This also applies to certain filing date requirements …
On March 30, USCIS announced that the agency will still process Form I-765, Application for Employment Authorization, despite COVID-19 closures. For applicants who filed their extension after the office closures or whose appointment has been canceled, biometrics will be reused.
On April 1, USCIS announced that the temporary office closures in response to the COVID-19 pandemic have been extended to May 3. USCIS will continue to provide limited emergency services, including processing employment authorization extensions.