October | 2016 | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

USCIS Updates the H-2B Cap Count

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

As of May 2, 2016, USCIS had receipted 32,620 beneficiaries towards the 33,000 cap for the second half of FY2016. This count includes 26,426 approved and 6,194 pending beneficiaries.

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https://californiaimmigration.us/visas/h-2b-temporary-worker/

Filed under: H-2B | Tagged: cap, H-2B, h2b, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »

Court Finds Receipt of Embezzled Property Is Not Categorically an Aggravated Felony

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fourth Circuit held that the BIA erred in concluding that the petitioner was an aggravated felon who was ineligible for cancellation of removal under INA §240A(a)(3), finding that a conviction for receipt of embezzled property under 18 USC §659 is not an aggravated felony under the categorical approach

https://californiaimmigration.us/california-penal-code-regarding-unlawful-sexual-intercourse-with-a-minor-compares-the-similar-charges-of-aggravated-felony/

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Filed under: Felony | Tagged: BIA, board of immigration appeals, categorical approach, embezzlement, Felony, Immigration, Immigration Attorney, Immigration Lawyer, modified categorical approach | Leave a comment »

Court Finds Petitioner’s Maine Assault Conviction Was Not a “Crime of Violence”

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

On rehearing, the First Circuit vacated the BIA’s decision and remanded, holding that under Moncrieffe v. Holder the petitioner’s 2006 Maine conviction for assault was not a “crime of violence,” and thus, the petitioner was eligible to seek cancellation of removal.

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https://californiaimmigration.us/waivers/criminal-waiver-of-inadmissibility-prepared-by-immigration-lawyer/

Filed under: Immigration Attorney | Tagged: assault, moncrieffe, moncrieffe v holder | Leave a comment »

AAO Sustains Appeal of TSC “Extraordinary Ability” Denial for Judo Coach

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In a non precedent decision, the AAO held that the petitioner, a judo athlete transitioning his career from competing to coaching, met the burden of proof necessary to establish his eligibility as an individual “of extraordinary ability” in athletics pursuant to INA §203(b)(1)(A).

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https://californiaimmigration.us/aao-finds-profession-of-%e2%80%9ccomputer-software-engineer%e2%80%9d-does-not-require-specified-field-of-study-for-bachelor%e2%80%99s-degree/

Filed under: Immigration Attorney | Tagged: AAO, extraordinary ability alien petition | Leave a comment »

Court Says No Rational Basis Between Chronic Alcoholism and a Lack of Good Moral Character

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Ninth Circuit granted the petition for review of the BIA decision, finding the petitioner ineligible for cancellation of removal or voluntary departure because he lacked good moral character as a “habitual drunkard.” The court remanded, holding that the petitioner could bring an equal protection challenge because there is no rational basis to classify persons afflicted by chronic alcoholism as innately lacking good moral character.

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https://californiaimmigration.us/9th-circuit-case-gran/

Filed under: Immigration Attorney | Tagged: 9th circuit, BIA, GMC, habitual drunkard, Lack of good moral character | 1 Comment »

Circuit Court Finds Exceptional Circumstances Exist to Reopen Petitioner’s Removal Proceedings

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The First Circuit concluded that the BIA abused its discretion when it found that the circumstances attendant to the entry of an in absentia removal order against a young undocumented immigrant who was ill-served by two attorneys were not exceptional. Accordingly, the court remanded to the BIA with instructions to set aside the in absentia removal order and reopen the petitioner’s removal proceedings.

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https://californiaimmigration.us/removal/

Filed under: Removal | Tagged: abuse of discretion, BIA, iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assitance of oucel, Removal | Leave a comment »

USCIS Message: Current Form I-9 Valid Until January 21, 2017

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

I-9 form has changed for employers, but you can continue to use the old I-9 form for a few more months before the new form is in effect.

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https://californiaimmigration.us/a-los-angeles-immigration-attorney-can-help-with-all-your-immigration-needs/

Filed under: I-9 | Tagged: I-9, i9, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Leave a comment »

BALCA Finds PERM Received Two Days After Recruitment Expired Was Timely Submitted

Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Where recruitment expired on a Saturday but the PERM application filed by mail was not received until Monday, BALCA overturned the Certifying Officer’s denial of the labor certification, finding that sufficient documentation was submitted to prove the date of mailing, and thus that the PERM application was timely filed.

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https://californiaimmigration.us/balca-affirms-denial-based-on-lack-of-proof-of-job-order/

Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, expiration, Immigration, Immigration Attorney, Immigration Lawyer, PERM | Leave a comment »

Court Upholds Asylum Denial Where Chinese Petitioner Claimed to Fear Persecution Based on Religion

Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Sixth Circuit found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner, who claimed that her Christian beliefs would subject her to persecution if she was removed to China, had not presented evidence or any argument that would compel a reasonable adjudicator to disagree with the IJ’s finding. The court also rejected her due process claims, noting that because none of the alleged violations affected the outcome of her asylum claim, she did not suffer any prejudice.

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https://californiaimmigration.us/circuit-court-of-appeal-reverses-bia-denial-of-asylum/