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BIA Finds NTA Without Hearing Date Triggers “Stop-Time” Rule

The Board found that any period of continuous residence or continuous physical presence ends upon service of an NTA on the alien, even if the NTA does not include the date and time of the initial hearing.

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https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/

BIA Says Adjustment under Cuban Refugee Adjustment Act Is an Admission

The Board found the respondent was admitted to the U.S. when he adjusted status under the Cuban Adjustment Act, and was thus subject to removal under INA § 237(a) following a drug trafficking conviction.

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https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/

Petitioner could present the error to the BIA

The court found that a translation error in a medical document corroborating Petitioner’s injuries contributed significantly to the IJ’s adverse credibility finding, and stayed the appeal so that Petitioner could present the error to the BIA.

BIA

Board of immigration appeals

Appeal to BIA

BIA decisions

The Executive Office of Immigration Review (EOIR)

The Executive Office of Immigration Review (EOIR) press release announcing the 10th anniversary of the BIA Pro Bono Project. The Project was implemented in 2001 to improve access to legal information and increase pro bono representation for individuals being detained while their immigration cases are under appeal.

BIA rules on adverse credibility findings based on fraudulent documents

BIA pro bono project

Board of immigration appeals

BIA eligibility

Court rejected Petitioner’s argument

The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel, and that 8 CFR §1003.1 clearly allows a single member to issue such an opinion. (Ward v. Holder, 1/21/11)

Court Uphold BIA denial of family planning claim

The court found that the harm inflicted on Petitioner, who was punched repeatedly by family planning officials and detained for two days after his wife was taken away for an abortion, did not rise to the level of persecution. (Liu v. Holder, 1/24/11).

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https://californiaimmigration.us/bia-issues-two-crime-related-decisions/

Case involving separate claims of a couple from Egypt

In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)

BIA

denial of bia

immigration attorney

BIA Issues Two Crime Related Decisions

Convention Against Torture (CAT) Relief

The court ordered Convention Against Torture (CAT) relief, finding that BIA erred in its denial on the basis that petitioner could avoid torture by ceasing to exercise her political rights and remanded for consideration of her FGM claim as a separate basis for relief. (Edu v. Holder, 10/26/10)

Convention against Torture

torture

Convention Against Torture

Convention Against Torture Granted

Petitioner to pursue an argument never presented to the BIA

In order for Petitioner to pursue an argument never presented to the BIA, the BIA must (1) identify a claim not presented by the petitioner; (2) exercise its discretion to entertain it; and (3) decide the matter in a full opinion. (Garcia-Carbajal v. Holder, 11/5/10)

Asylum agreements

biden border agreement

flores settlement agreement

DHS and Seneca Nation of Indians Announce Agreement to Develop Enhanced Tribal Card

DHS has Sole Authority on Naturalization Application

The BIA’s conclusion that proceedings may only be terminated based on the pendency of a naturalization application where DHS makes an affirmative statement of prima facie eligibility is not inconsistent with 8 CFR §1239.2(f). (Barnes v. Holder, 11/10/10)

DHS has Sole Authority on Naturalization Application

Naturalization

naturalization certificate

New Win for the Law Offices of Brian D. Lerner