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 Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.