Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The Senate agreed on Tuesday not to include five proposed immigration amendments in a bill to combat human trafficking. These amendments would have restricted constitutional birthright citizenship, eliminated protections for unaccompanied children, and granted DHS broad power to detain noncitizens for prolonged periods.
The Associated Press reports that top ICE officials expect there to be far fewer migrant children and families crossing the border on their own this summer than there were during last year’s influx.
DHS issued an instruction card for enforcement personnel to carry that provides guidance and brief instruction on the DHS enforcement priorities articulated in the November 20, 2014, memo on prosecutorial discretion. ICE Director Sarah Saldaña presented the card to the House Judiciary Committee at an oversight hearing last week.
Thousands of DACA recipients are suddenly losing their ability to work legally, because USCIS is struggling to renew their employment authorization documents on time. Over 11,000 young immigrants, roughly 5% of the total number of DACA renewals that USCIS has approved so far, have had their DACA status and work permits expire in spite of …
The Fifth Circuit held that the BIA did not err in concluding that a petitioner cannot establish good moral character if he has been incarcerated for 180 days or more, regardless of the nature of the underlying crime of conviction. The court also upheld the BIA’s interpretation that INA §240A(b)(1) requires the petitioner to establish …
The Ninth Circuit issued an en banc decision that overruled previous decisions to the extent that they conflicted with the plain text reading of the regulations governing internal relocation and deferral of removal under CAT. The court held that neither the petitioner nor the government bears the burden of proof as to internal relocation; rather, …
The Washington Post reports on the Central American Minors Refugee/Parole Program, a new but little-known program that allows Central American immigrants who reside legally in the United States to bring family members to the country. The article states that the new policy applies to children from Honduras, Guatemala, and El Salvador who face harm from …
The Seventh Circuit remanded, holding that the BIA abused its discretion by ignoring a potentially meritorious argument when deciding on the motion to reopen, and that the BIA should determine if the petitioner’s attorneys incompetently neglected to offer evidence and arguments that might have resolved the inconsistencies identified by the Immigration Judge.
USCIS announced that it has received enough petitions as of March 26, 2015, to reach the H-2B cap for FY2015. As such, USCIS will reject any new H-2B petitions that request a start date before October 1, 2015, and were received after March 26, 2015.
MSNBC reports that lawyers and advocacy groups are alleging that women and children who are holding a hunger strike at an immigrant family detention center in South Texas are now facing retaliation, including intimidation and isolation. MSNBC states that ICE denies that any hunger strike is underway at the Karnes County Residential Center, and said …
DOS issued a cable on the worldwide deployment of a new USCIS Form I-407, Record of Abandonment of Lawful Permanent Resident Status. After March 26, 2015, posts must discontinue the use of the prior version of Form I-407. The cable includes information on who can file, where to file, completing Form I-407, and additional filing …
USCIS provided guidance on the proper action to take if H-1B cap-subject filings for FY2016 are mishandled by delivery services. USCIS advised that it will reject any petitions received after the cap is met, including second H-1B petitions filed because of a delivery service mishandling. AILA reminds members who elect to file a second H-1B …
In a precedent decision, the BIA found respondent removable, where killing of civilians and acts of torture occurred during his command of the Salvadoran National Guard, and he interfered with investigations, and failed to hold the perpetrators accountable. Matter of Vides Casanova, 26 I&N Dec. 494 (BIA 2015).
A USCIS News Release reminds the public that USCIS will begin accepting FY2016 H-1B petitions on April 1, 2015. USCIS projects that it will receive more petitions than the H-1B cap and reminds the public that if USCIS receives a number of petitions in excess of the cap in the first five days, all petitions …
The Justice Department, on March 12, 2015, filed an emergency motion for a stay pending appeal, with attachments, in Texas v. United States, requesting that the Fifth Circuit Court of Appeals stay the district court’s nationwide preliminary injunction in its entirety or, at minimum, stay it with respect to implementation in states other than Texas, …