Brian D. Lerner

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Brian D. Lerner Immigration Lawyer & Deportation Attorney that helps with Waivers, deportation hearings. immigration appeals Call 562-495-0554

I have been a licensed immigration attorney and deportation lawyer since 1992. I speak fluent Spanish and have over 20 years experience helping clients with every area of immigration law. Currently, I have two offices in the United States and one international office in the Philippines. I am a certified specialist in Immigration and Nationality Law and can help you with whatever is your immigration situation. This includes cases arising from business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals, asylum, waivers, representation in immigration court and all areas of immigration. You can either self-schedule an appointment at blerner.checkappointments.com. If you have an immigration problem, I will find a way to determine what can be done and what are the costs. You can also call my office at 323-454-0751 in order to get a telephonic consultation, video consultation or a consultation in person at anyone of my offices.

10/16/2026

Detuvieron a su esposo y en la primera audiencia el juez dijo que no tiene derecho a fianza.
Esa respuesta no es ley establecida. Depende del circuito federal donde lo tengan detenido.
El 1 de octubre la Corte Suprema aceptó revisar Rhoney v. Barbosa da Cunha, No. 26-104, para decidir si una persona que entró sin inspección y fue arrestada años después dentro del país está detenida bajo 8 U.S.C. 1226(a), que permite audiencia de fianza, o bajo 8 U.S.C. 1225(b)(2)(A), que no permite ninguna.
Nueve circuitos han rechazado la lectura del gobierno. Dos la han aceptado. Un hombre arrestado en Houston y detenido en Texas no tiene audiencia. El mismo hombre, los mismos hechos, detenido en California sí la tiene.
https://californiaimmigration.us/sin-fianza-corte-suprema/

10/16/2026

For decades, a person arrested inside the United States could usually ask an immigration judge for bond. DHS now treats people who entered without inspection as "arriving aliens" held without bond, with no new act of Congress behind the change. The Supreme Court has agreed to decide whether that is lawful.
Full live on YouTube: https://youtube.com/live/xFD256kgX8A
Schedule a consultation: blerner.timetap.com
This video is general information about United States immigration law and is not legal advice. Watching it does not create an attorney-client relationship. Immigration outcomes depend on the specific facts of each case. Law Offices of Brian D. Lerner, A Professional Corporation, 3233 E. Broadway, Long Beach, CA 90803.

10/16/2026

The entire fight is over which of two sentences covers your relative.
8 U.S.C. 1225(b)(2)(A): an applicant for admission who is not clearly and beyond a doubt entitled to be admitted "shall be detained." No bond in it anywhere.
8 U.S.C. 1226(a): the government "may release the alien on bond of at least $1,500" or on conditional parole. That is where a bond hearing comes from.
The government's bridge between them is a definition. Section 1225(a)(1) deems anyone present without admission an "applicant for admission." From there it argues that everyone who entered without inspection is covered by the mandatory-detention provision - whether ICE met them at the port of entry or pulled them over in Long Beach nine years later.
For thirty years after IIRIRA the government itself did not read it that way.
https://californiaimmigration.us/no-bond-hearing-supreme-court/

10/15/2026

La tarifa anual de asilo no es una tarifa de presentacion, y por eso se le pasa a la gente.
Bajo 8 U.S.C. 1808(a), por cada ano calendario que una solicitud de asilo siga pendiente, el solicitante la debe. Los casos de asilo estan pendientes durante anos. Es una obligacion que se repite y nada de ella le llega con apariencia de factura.
Son $105 para el ano fiscal 2027. Y bajo 8 U.S.C. 1808(d) no se puede exonerar ni reducir.
https://californiaimmigration.us/tarifas-uscis-16-de-octubre-2026/

10/15/2026

Your husband was picked up by ICE and the judge said he is not eligible for bond at all.
That answer is not settled law. It depends on which federal circuit he is detained in.
On October 1 the Supreme Court granted certiorari in Rhoney v. Barbosa da Cunha, No. 26-104, to decide whether a person who entered without inspection and was arrested years later inside the country is detained under 8 U.S.C. 1226(a), which allows a bond hearing, or 8 U.S.C. 1225(b)(2)(A), which allows none.
Nine circuits have rejected the government's reading. Two have accepted it. A man arrested in Houston and held in Texas has no bond hearing. The same man, same facts, held in California is entitled to one.
https://californiaimmigration.us/no-bond-hearing-supreme-court/

10/15/2026

An N-400 used to risk a denial. That is no longer the ceiling.
In its August 29, 2025 policy alert amending Volume 12, Part F, Chapters 1 and 5 of the USCIS Policy Manual, USCIS stated that applicants it finds falsely claimed U.S. citizenship or voted unlawfully will be issued a Notice to Appear under INA 237(a)(3)(D)(i) or 237(a)(6)(A), subject to limited statutory exceptions - and that it will generally deny the naturalization application once removal proceedings have begun.
So a lawful permanent resident who files an N-400 and answers a voting question carelessly can end up in immigration court.
And on the other side of the clock: if USCIS has not decided your case 120 days after the examination, INA 336(b), 8 U.S.C. 1447(b), lets you petition the federal district court, which can decide the application itself or remand it with instructions.
https://californiaimmigration.us/rfe-prove-you-never-voted/

10/14/2026

Four counties. Three states. Twenty years in this country. The naturalization RFE wants a certified statement from the election authority of every one of them, confirming you never registered and never voted.
So you start calling. The first office runs a lookup and emails a one-line "no record found." The second says it does not issue certifications of non-registration - it keeps records of who IS registered, and has nothing to certify about someone who was never in the system. The third does not return the call.
The request asks for a document that, in many places, does not exist. 8 C.F.R. 103.2(b)(2) already provides for that situation: secondary evidence, a letterhead statement explaining why no record exists, then sworn declarations.
This scenario is a composite illustration and does not describe any actual client.
https://californiaimmigration.us/rfe-prove-you-never-voted/

10/14/2026

A rejected filing is not a late filing. It is not a filing at all.
No receipt date. No receipt notice. Nothing pending. That distinction is the whole reason to care about ten dollars.
The automatic extension of an expiring work permit depends on a properly filed renewal. If the renewal was rejected, there is no timely filing for the extension to run from, and the gap in work authorization is real. A TPS re-registration rejected in October and refiled in November may be outside the registration window.
I have seen more relief lost to filing mechanics than to the merits. The merits at least get argued.
https://californiaimmigration.us/uscis-fees-october-16-2026/

10/13/2026

"Preponderance of the evidence" means more likely than not. That is the naturalization standard, set by 8 C.F.R. 316.2(b).
It does not mean eliminating every conceivable ground of ineligibility with documents. It does not mean proving a negative with certified letters from twelve election offices.
A sworn N-400 and sworn interview testimony, with nothing in the record contradicting either one - no database hit, no DMV flag, no inconsistent answer - satisfy that standard on the voting question. An RFE under 8 C.F.R. 103.2(b)(8)(iii) is for a deficiency in the record. Where there is no deficiency, there is nothing for the RFE to cure.
https://californiaimmigration.us/rfe-prove-you-never-voted/

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