Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

New Immigration case against the foreign national:

Court of Appeals lacked jurisdiction to consider application for relief by petitioners challenging Board of Immigration Appeals’ decision affirming immigration judge’s decision pretermitting their applications for special rule cancellation of removal under Sec. 203 of the Nicaraguan and Central American Relief Act of 1997 because the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 expressly precluded review of BIA’s determination of eligibility for relief under NACARA. Petitioner was not deprived of a full and fair hearing and a reasonable opportunity to present evidence on her behalf, and thereby not denied due process, where immigration judge reviewed all the record evidence, heard counsel’s arguments and petitioner’s testimony, allowed cross-examination, and directly questioned petitioner over the course of four hearings before making the ineligibility determination.
Samayoa Lanuza v. Holder – filed March 5, 2010

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