Court: Ex-federal immigration lawyer can be sued for forgery
Legal Issues
A U.S. appeals court says a former federal immigration lawyer who forged a document in an effort to get a man deported can be sued for damages.
Jonathan M. Love was assistant chief counsel for U.S. Immigration and Customs Enforcement in Seattle in 2009, when he forged a document purporting to show that Mexican immigrant Ignacio Lanuza had voluntarily agreed to be deported in 2000.
Lanuza later obtained a new attorney, who noticed the document was fake: Its letterhead said "U.S. Department of Homeland Security" — a federal agency that didn't exist in 2000.
Love was criminally prosecuted and sentenced to a month in prison in 2016. But U.S. District Judge Marsha Pechman reluctantly dismissed Lanuza's civil claim against him. The judge said legal precedent barred the lawsuit.
A three-judge panel of the 9th U.S. Circuit Court of Appeals reversed that decision Tuesday. The panel called the forgery egregious.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.