Another case in the 9th Circuit re: forced abortion and asylum for the husband:
-Immigration Law-
Attorney general’s interpretation of INA Sec. 101(a)(42)–that statute does not prevent the spouse of a person who has physically undergone a forced abortion or sterilization procedure from qualifying for political asylum–was entitled to Chevron deference. Forced abortion, in which alien was not a willing participant, and alien’s continued attempts to cohabit and marry in contravention of China’s population control policy, in the face of denial of an official marriage license, constituted “other resistance to a coercive population control program” required to establish persecution. Alien established persecution on account of his resistance to a coercive population control policy where he was expelled from school due to his romantic relationship with his future wife, which was legally prohibited; detained after attempting to obtain a marriage license; forced to pay a heavy fine to secure his release; resisted China’s official population control policy of prohibiting underage marriage by organizing and participating in a traditional wedding ceremony; and was forced to go into hiding when authorities arrived at his home and attempted to arrest him on the day of the wedding. Protections of Sec. 101(a)(42)(B) apply to husbands whose marriages would be legally recognized but for China’s coercive family planning policies, and not only to husbands whose marriages are recognized by Chinese authorities.
Jiang v. Holder

Another Immigration Case re: administrative review: Appellate court lacked jurisdiction to consider whether an immigration judge has authority to determine whether an alien is a lawful permanent resident, since alien did not present this claim at administrative proceedings. Alien convicted of a felony within the United States was inadmissible as a permanent resident; where such alien was erroneously admitted, that alien was ineligible for relief under former Sec. 212(c) of the Immigration and Nationality Act, even if the error was not based on any fraud by alien.
Segura v. Holder, Jr.

Best Deportation Lawyer needed for Removal Proceedings

Question: I am in deportation proceedings and I have no idea what to do. What should I do?

Answer: First, you want to make sure to hire the best deportation lawyer. There is a myriad of things that can go wrong. You have to remember that the Immigration Judge and the attorney representing the ‘other side’ are not there to help you. In fact, you are just a number to them. You must find a knowledgeable and reputable deportation attorney who you believe is the best deportation lawyer available for the job. How the best deportation lawyer handles a case is critical to its outcome.lawyer does and the manner in which he or she does it.

Question: I would like to find the best deportation lawyer. However, I just do not know what to look for in that particular immigration attorney. Can you help?

Answer: First, you want to make sure that the best deportation lawyer is actually an attorney. Unfortunately, there are some very unscrupulous people out there that could try to come off as an attorney and only end up taking your money. One can discover out if they are in fact an attorney, they could possibly be listed about the website to the attorneys for which special State. Next, be sure that the best deportation lawyer in fact specializes in Immigration Law. If one might do a small inquiry, an individual will probably note precisely what kind of law the immigration attorney does. If this immigration attorney simply does a handful of immigration cases and takes multiple additional cases per year regarding some other areas of law, and then it is going to be a pretty good assumption of which this particular immigration lawyer is without a doubt not the best deportation lawyer to the job and probably doesn’t understand the details and complexities of immigration law. Many States actually have exams and also other requirements to the immigration lawyer in order to take if of which unique immigration lawyer wants to be able to become a certified specialist in Immigration and Nationality Law. If your current special State has such a program for the licensed attorneys, it would certainly possibly be a good idea in order to discover if this attorney is actually a certified specialist. If so, then a person are generally one step closer to finding the best deportation lawyer for your current case. Next, people absolutely want to locate out if the immigration attorney emphasizes deportation/removal and removal law. Believe it or even not, an immigration attorney could end up being a certified specialist in immigration law and continue to not specialize specifically in deportation law. If in which is actually the case, then you have a extremely qualified immigration lawyer, although really don’t contain the best deportation lawyer.

Question: What must I do to confirm that deportation law is what this particular immigration lawyer specializes in?

Answer: First, you would conduct an interview of the deportation attorney to see if he or she does immigration law. You could also look on various websites such as Avvo.com or Linkedin to see what is on their profiles and if they have dportation wins. There are many areas of immigration law such as business immigration, family immigration and consulate processing. Make sure there is some information regarding the fact that he or she does deportation. Look to see they know about the legal principles of Cancellation of Removal, Asylum, Convention Against Torture and other deportation related areas.

The best deportation lawyer will only help you and your family. This immigration lawyer will push through all of the particular legal theories for your case, not just the one that client may want to proceed with in Immigration Court. The best deportation lawyer will be able to determine if there is a realistic chance of success. If you have a very difficult case, the best deportation lawyer can find the gray area of the law and try to get a winning case for you.

Get the Best Deportation Lawyer to help you with your Deportation Case

Best Deportation Lawyer needed for Removal Proceedings

Question: I am in deportation proceedings and I have no idea what to do. Can you help me?

Answer: First, you want to make sure to hire the best deportation lawyer. There is a myriad of things that can go wrong. You have to remember that the Immigration Judge and the attorney representing the ‘other side’ are not there to help you. In fact, you are just a number to them. You must find a knowledgeable and reputable deportation attorney who you believe is the best deportation lawyer available for the job. Keep in mind that the difference between a win and a lose could very well fall on the tactics that the immigration lawyer does and the manner in which he or she does it.

Question: I would like to find the best deportation lawyer. However, I just do not know what to look for in that particular immigration attorney. Can you help?

Answer: First, you want to make sure that the best deportation lawyer is actually an attorney. Unfortunately, there are some very unscrupulous people out there that could try to come off as an attorney and only end up taking your money. You can find out if they are in fact an attorney, they will be listed on the website for the attorneys for that particular State. Next, make sure the best deportation lawyer actually specializes in Immigration Law. If you will do a small inquiry, you will note what kind of law the immigration attorney does. If this immigration attorney only does a few immigration cases and takes multiple other cases per year of other areas of law, then it is a pretty good assumption that this particular immigration lawyer is not the best deportation lawyer for the job and probably does not know the details and complexities of immigration law. Many States actually have exams and other requirements for the immigration lawyer to take if that particular immigration lawyer wants to become a certified specialist in Immigration and Nationality Law. If your particular State has such a program for the licensed attorneys, it would be a good idea to see if this attorney is a certified specialist. If so, then you are one step closer to finding the best deportation lawyer for your case. Next, you certainly want to find out if this immigration attorney emphasizes deportation and removal law. Believe it or not, an immigration attorney can be a certified specialist in immigration law and still not specialize specifically in deportation law. If that is the case, then you have a very qualified immigration lawyer, but do not have the best deportation lawyer.

Question: How do I know if this immigration lawyer emphasizes deportation law.

Answer: You can certainly ask the immigration attorney what is their emphasis in immigration law. Alternatively, go on websites like Avvo.co, or Linkedin.com or other similar sites that allow you to view a detailed profile of the immigration attorney and ho that particular immigration attorney presents himself or herself. You should be able to notice that there is an emphasis in a particular area. For example, in deportation law, you will find discussions on Cancellation of Removal, Asylum, Convention Against Torture, Withholding of Removal, Adjustment of Status, Waivers and other items of a similar nature.

Getting the best deportation lawyer will give you a better chance of winning your case. It will give you a better chance of not being deported and if you win, you will be able to stay in the United States with your loved ones and your family. So, the bottom line, is do your homework and interview your immigration attorney, and then you can proceed with finding the best deportation lawyer for your case.

Good news from the BIA: Aliens who are otherwise eligible to adjust status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), are not subject to the unauthorized employment restrictions of sections 245(c) and the exception for such employment in section
245(k) that apply to applications for adjustment of status under section 245(a).

Another BIA case on filing frivolous asylum applications: (1) In making a frivolousness determination, an Immigration Judge may incorporate by reference any factual findings made in support of an adverse credibility finding, so long as the Immigration Judge makes explicit findings that the incredible aspects of the asylum application were material and were deliberately fabricated. Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007), clarified.

(2) In considering an asylum applicant’s explanations for inconsistencies or discrepancies, an Immigration Judge making a frivolousness determination must separately address the
applicant’s explanations in the context of how they may have a bearing on the materiality and deliberateness requirements unique to that determination.

(3) When the required frivolousness warnings have been given to an asylum applicant prior to the merits hearing, the Immigration Judge is not required to afford additional warnings or to seek further explanation in regard to inconsistencies that have become obvious
during the course of the hearing.

A New BIA case on conspiracy: (1) The term “conspiracy” in section 101(a)(43)(U) of the Immigration and Nationality Act,8 U.S.C. § 1101(a)(43)(U) (2006), is not limited to conspiracies that require the commission of an overt act in furtherance of the conspiracy by one of the conspirators.

(2) An alien who was only convicted of conspiracy to commit an aggravated felony and is removable on the basis of that conviction under section 101(a)(43)(U) of the Act may not also be found removable for the underlying substantive offense, even though the record
of conviction shows that the conspirators actually committed the substantive offense.

Another new case re: ‘Son’: An individual whose mother is a U.S. citizen continues to be “the son of a citizen of the United States,” as set forth at 8 U.S.C. Sec. 1227(a)(1)(H)(i), after his mother’s death.
Federiso v. Holder

Another case in the 9th Circuit:

-Immigration Law-
Arizona law criminalizing sexual conduct with a minor under 18 years of age does not meet the federal generic offense of sexual abuse of a minor and is not an aggravated felony for purposes of immigration law.
Rivera-Cuartas v. Holder – filed May 20, 2010

A new case from the BIA: (1) The 90-day time limitation for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1)(2010) applies to motions to reopen in absentia deportation orders for the purpose of adjusting status, whether filed before or after the 1996 promulgation of the regulations.

(2) The 5-year limitation on discretionary relief for failure to appear at deportation proceedings under former section 242B(e)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1252b(e)(1) (1994), is not in conflict with, and does not provide an exception to, the 90-day deadline for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1).

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