briandavidlerner

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Supreme Court to consider if undocumented immigrants can get bond hearings

Supreme Court to consider if undocumented immigrants can get bond hearings

The Supreme Court agreed to take up the government’s appeal of a ruling that allowed undocumented immigrants to seek release on bond after six months in custody while challenging their deportations. In April 2020, the Ninth Circuit ruled that bond hearings were required for immigrants who had been arrested after entering the U.S. and who credibly claimed that they would face persecution or…

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The Biden Administration Has Suspended A Trump-Era Policy That Put Immigrants At Risk Of Being Deported Without Due Process

The Biden Administration Has Suspended A Trump-Era Policy That Put Immigrants At Risk Of Being Deported Without Due Process

Buzzfeed News reports that a Trump-era policy that allows ICE officers to arrest and rapidly deport certain undocumented immigrants without access to a judge was suspended by the Biden administration on Thursday. https://brian-d-lerner-blog.com/tag/biden-border-agreement/ https://brian-d-lerner-blog.com/tag/biden/ https://brian-d-lerner-blog.com/tag/trump/

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Circuit Court Strikes Down Matter of S-O-G- & F-D-B-

Circuit Court Strikes Down Matter of S-O-G- & F-D-B-

The Fourth Circuit Court of Appeals issued a ruling in Chavez Gonzalez v. Garland, which repealed Matter of S-O-G- & F-D-B-, holding that the Attorney General’s decision conflicted with the plain meaning of 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii), and that IJs and the BIA possess the inherent authority to terminate removal…

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DOJ and DOL Reach Settlement Agreements with Facebook Regarding Its Use of the Permanent Labor Certification Program

DOJ and DOL Reach Settlement Agreements with Facebook Regarding Its Use of the Permanent Labor Certification Program

The DOJ and DOL settlement agreements with Facebook regarding its use of PERM. Facebook will pay a civil penalty of $4.75 million, pay up to $9.5 million to eligible victims, and train its employees on the anti-discrimination requirements of the…

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DOJ Eliminates Trump-era Case Quotas for Immigration Judges

DOJ Eliminates Trump-era Case Quotas for Immigration Judges

Justice Department is ending the use of case quotas for immigration judges that became a point of contention during the Trump administration for undercutting judges’ authority and discretion. https://www.justice.gov/ https://brian-d-lerner-blog.com/tag/doj-office-of-immigration-litigation/ https://brian-d-lerner-blog.com/tag/department-of-justice-doj/ https://brian-d-lerner-blog.com/tag/doj/

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DHS Issues Memo on Guidelines for ICE and CBP Enforcement in or Near Protected Areas

DHS Issues Memo on Guidelines for ICE and CBP Enforcement in or Near Protected Areas

DHS issued a memo on ICE and CBP enforcement in or near protected areas, stating that enforcement actions should not restrain a noncitizen’s access to essential services, such as food, water, or medical attention. The memo lists protected areas and exceptions to use of the guidance and is effective…

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ICE Review of Immigrant’s Suicide Finds Falsified Documents, Neglect, and Improper Confinement

ICE Review of Immigrant’s Suicide Finds Falsified Documents, Neglect, and Improper Confinement

Intercept is reporting on the results of an internal review of a recent suicide that took place in ICE detention. The review found that staff falsified documents, improperly dealt with the victim’s medication, neglected to follow proper procedures for his care, and improperly placed him in disciplinary solitary confinement — despite multiple warnings of his declining mental health.…

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Associated Press - Federal Jury: Immigrant Detainees Are Owed Minimum Wage

Associated Press – Federal Jury: Immigrant Detainees Are Owed Minimum Wage

 The Associated Press reports that a federal jury has determined that the GEO Group must pay minimum wage — rather than $1 a day — to immigration detainees who perform tasks like cooking and cleaning at its for-profit detention center in Washington…

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EOIR Announces Appointment of 24 New Immigration Judges

EOIR Announces Appointment of 24 New Immigration Judges

EOIR announced the appointment of 24 new immigration judges, including four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. The memo provides a biography for each judge. They will join the newest BIA member, Appellate Immigration Judge Andrea…

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Biden Administration Considering Payments to Migrant Families Separated at the Border Under Trump

Biden Administration Considering Payments to Migrant Families Separated at the Border Under Trump

The Hill reports that the Biden administration is weighing the possibility of paying migrant families separated at the border under the Trump administration roughly $450,000 per person. DOJ, DHS, and HHS are all considering settlements in lawsuits filed on behalf of those families, which could result in payments of nearly $1 million a…

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DHS Releases Memo on Termination of MPP

DHS Releases Memo on Termination of MPP

Today, DHS has announced the termination of MPP, effective immediately, after finding that the benefits of MPP are far outweighed by the costs of continuing the program. DHS will comply with Texas v. Biden, but termination of MPP will be implemented as soon as practicable after the injunction is…

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Presidential Determination on Refugee Admissions for FY2022

Presidential Determination on Refugee Admissions for FY2022

President Biden issued a determination on October 8, setting the refugee admissions ceiling for FY2022 at 125,000. https://www.uscis.gov/humanitarian/refugees-and-asylum/refugees https://brian-d-lerner-blog.com/tag/refugee-and-asylee-follow-to-join-cases/ https://brian-d-lerner-blog.com/tag/refugee-admissions/ https://brian-d-lerner-blog.com/tag/refugee/

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USCIS Will Continue the Haitian Family Reunification Parole Program

USCIS Will Continue the Haitian Family Reunification Parole Program

USCIS updated its guidance on the Haitian Family Reunification Parole (HFRP) program at the end of September 2021, noting that it will continue the program after DHS reversed its 2019 announcement that it would terminate the program. Participation in the program is currently by invitation…

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Immigrant Children Entitled to Court Hearing

Immigrant Children Entitled to Court Hearing

The Associated Press reports that the Ninth Circuit Court of Appeals ruled on Wednesday that two laws passed by Congress didn’t end the right to a bond hearing for unaccompanied immigrant children detained by federal authorities. The court said that immigrant children who cross the border without their parents have the right to a court hearing to challenge any decision to detain them instead of…

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Can she apply for this kind of asylum?

Can she apply for this kind of asylum?

Answer: In this case, there is actually an unpublished case that allows this to go forward. However, even without this case, it is possible. You will have to define the social group differently. In this case, I can see some group similarly referencing women that are being beaten, but are in ‘common law’ marriages and/or who have kids that have suffered, etc. Question: What if my country has laws…

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Want an E-2? Here are some issues? Want an E-2 Visa? Look at these issues

Want an E-2? Here are some issues? Want an E-2 Visa? Look at these issues

Question: I want to open up my own company. Can you you let me know some specifics. For example, I have a friend from Iran. Can he get an E1 or E2? As for E-2’s, Iranians can apply for E-2’s anywhere. Question: Are there any restrictions where the money comes from for the investment? Answer: Normally, not. However, keep in mind that there are two\ Russian Banks under US Sanctions. Thus, \make…

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Looks like DACA is going to END

Looks like DACA is going to END

Question: I’m on DACA and my friend is renewing DACA and another friend is going to apply for DACA. I have heard rumors about this. Should I be worried? Answer: Yes, you should be worried. There have been various leaks from the White House. There have also been rumors that a number of White House officials, including former and current White House Chiefs of Staff Reince Priebus and John Kelly,…