Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The Ninth Circuit held that the BIA erred in looking outside the record of the conviction to conclude that the petitioner was convicted of spousal abuse under California Penal Code §273.5(a) and remanded for the BIA to consider whether the petitioner is eligible for the petty offense exception under INA §212(a)(2)(A)(ii).
The New York Times writes that Judge David G. Campbell of Federal District Court issued a permanent injunction overturning Arizona’s ban on issuing driver’s licenses to DACA recipients, citing the “irreparable harm” caused by these young immigrants not being able to have a license under an executive order issued by former Governor Jan Brewer. https://cbocalbos.wordpress.com/tag/daca-2/ …
The Ninth Circuit declined to follow the BIA’s decision in Matter of Yauri, and held that the BIA’s sua sponte authority permits reopening to allow an arriving alien who is under a final order of removal to pursue an adjustment of status application before USCIS.
Politico reports that House Republican leaders are pitching a plan that would fund nearly all government agencies through next September except for DHS, which would only be funded until March. That vote is likely to come next week, Speaker John Boehner (R-Ohio) told lawmakers in a closed-door meeting this morning. DHS Secretary Johnson responded that …
The Fourth Circuit held that private employment is a “benefit” under the Act, and that the petitioner, who falsely claimed to be a U.S. citizen on Form I-9 for the purpose of seeking such employment, was inadmissible under INA §212(a)(6)(C)(ii)(I).
The immigration reform update was waited for years years by millions. Brian Lerner explains that over 16 months ago, the U.S. Senate put together a comprehensive immigration package and sent it to the U.S. House to bring up for a vote and hopefully pass. However, the House just sat on the Bill and did …
The American Immigration Council, the ACLU, the National Immigration Project of the National Lawyers Guild, and the National Immigration Law Center filed a complaintagainst the federal government, challenging its policies which deny due process to refugee mothers and children being detained in Artesia, NM. The complaint asks the court to halt deportations, calling Artesia a “deportation …
http://www.californiaimmigration.us The Associated Press reports that fewer unaccompanied immigrant children are crossing the Texas-Mexico border, allowing the federal government to close three temporary shelters. The decline could be the result of searing summer temperatures or a messaging campaign that stresses the dangers of the journey and warns them they will not be allowed to stay. …
http://youtu.be/bVNaFucwkeQ
http://ow.ly/ArL4O The Seventh Circuit held the BIA abused its discretion in denying the continuance pending adjudication of the Form I-130, as a continuance was needed due to USCIS’s carelessness in losing supporting materials about the potential fraudulent nature of the petitioner’s second marriage.
http://ow.ly/ArKOn Reuters reports that as a result of Congress’s failure to pass a bill to address the humanitarian crisis at the border, DHS will transfer $405 million from other programs to deal with the crisis. The bulk of the transfer, about $270 million, will come from FEMA’s disaster relief fund. An additional $30 million will …
http://ow.ly/ArKmF The Seventh Circuit remanded for the BIA to determine whether the petitioner took “substantial steps” to acquire permanent status within one year of his eligibility, as required under INA §203(h)(1)(A) prior to the BIA’s 2012 decision in Matter of O. Vasquez. The court found that retroactive application of the O. Vasquez rule, which requires …