Removal proceedings terminated by Immigration Judge. Client is an LPR and has 3 convictions; 2 battery convictions and 1 assault conviction. DHS charged him with removability as an alien convicted of 2 crimes involving moral turpitude and an alien convicted of a crime of domestic violence. We were able to bond client out and then get proceedings terminated because DHS could not establish removability by clear and convincing evidence; battery is not categorically a CIMT or a COV. While the new 9th Circuit case overruling Silva-Trevino helped, proceedings would have terminated regardless because DHS tried to bypass the second step in Silva-Trevino and did not submit the required docs.

https://brian-d-lerner-blog.com/tag/expedited-removal/

https://brian-d-lerner-blog.com/tag/final-order-of-removal/

https://brian-d-lerner-blog.com/tag/forms-of-relief-in-a-removal-hearing/

https://californiaimmigration.us/removal/

Home » Immigration Updates » Another win for the Law Office of Brian D. Lerner

Another win for the Law Office of Brian D. Lerner