Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Amid the coronavirus pandemic, it has been difficult for immigration lawyers to meet with their clients, gather evidence, and complete visa petitions. Though USCIS has recently waived fingerprinting requirements and relaxed some evidence deadlines, many deadlines are still in place.
On April 6, U.S. Customs and Border Protection disclosed that it has 160 confirmed cases of COVID-19. Those infected include customs officers and border patrol agents, but there is no existing breakdown on how many infected had jobs where they had contact with the public.
On Monday night, Guatemala’s foreign ministry said that all flights from the U.S. carrying deported migrants will be halted this week. The reason is that this week is Holy Week for Christians.
On Tuesday, ICE informed lawmakers that it was considering releasing some at-risk detainees in view of the COVID-19 pandemic. The cases of pregnant women and those over 60 are being reviewed in particular. So far, ICE has identified 600 detainees as vulnerable and has released 160.
Chicago is providing COVID-19 relief in the form of housing assistance, online educational resources, and a small business fund. On April 7, Mayor Lori Lightfoot signed an executive order establishing that all Chicago residents, regardless of immigration status, will have equal access to relief.
The DOL OFLC announced that tomorrow, the Atlanta National Processing Center will begin issuing PERM labor certification documents electronically. AILA’s PPC has gathered a variety of practice management resources to assist members with firm continuity, remote working, and more. AILA’s CBP Liaison Committee issued a practice alert about the closing of the northern and southern borders. AILA requested that USCIS provide additional …
Earlier this month, a federal judge in North Carolina ruled that USCIS erred in denying an H-1B petition based on its finding that an engineering position did not qualify as a specialty occupation because it did not require a degree in a specific subspecialty.
The DOL OFLC announced that tomorrow, the Atlanta National Processing Center will begin issuing PERM labor certification documents electronically. AILA’s PPC has gathered a variety of practice management resources to assist members with firm continuity, remote working, and more. AILA’s CBP Liaison Committee issued a practice alert about the closing of the northern and southern borders. AILA requested that USCIS provide additional …
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020. For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set …
In Innovation Law Lab v. Wolf, the Ninth Circuit reinstated the previously stayed injunction halting the Remain in Mexico policy. Additionally, in East Bay Sanctuary Covenant v. Trump, the Ninth Circuit affirmed a preliminary injunction enjoining enforcement of a rule and presidential proclamation that strip asylum eligibility from migrants who cross into the United States along the southern border with Mexico between designated …
On Friday, a few hours after the Ninth Circuit affirmed a preliminary injunction enjoining implementation of the Migrant Protection Protocols, the three-judge panel voted unanimously to suspend its own order and granted an emergency request for an immediate stay of its earlier decision pending disposition of a petition for certiorari before the Supreme Court.
On Monday, the Supreme Court heard arguments on whether asylum seekers may seek judicial review after their claims are denied in summary proceedings. During oral argument, the court seemed split on whether some amount of judicial review was appropriate. This is all in light of expedited removal proceedings, where many asylum seekers are initially denied …
The court held that the U.S. Supreme Court’s decision in Pereira v. Sessions abrogated the Third Circuit’s decision in Orozco-Velasquez v. Attorney General, and thus found that, for purposes of the stop-time rule, a deficient Notice to Appear (NTA) that omits the time and date of appearance may not be cured with a later Notice of Hearing that provides …
U.S. District Judge David C. Bury found that the conditions in CBP holding cells in the Tucson Sector violate the U.S. Constitution and ordered that CBP can no longer hold individuals for over 48 hours without providing a bed, blanket, shower, meals that meet acceptable dietary standards, and a medical assessment
n December, an ICE request to delete records was granted. The request to delete records, which was filed in 2015 under the Obama administration, would include documents relating to detainee deaths, sexual assaults, and abuse allegations while in ICE custody. On Tuesday, the ACLU filed a FOIA request to get access to the documents before they …