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.
Filed under: BIA | Tagged: #bia, appeal to bia, Atty.Brian D. Lerner, BIA, bia board of immigration appeals, BIA Pro Bono Project, CA6, IJ, Immigration Lawyer, medical document, Motion to Reopen with the BIA, translation | Leave a comment »
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
Filed under: BIA | Tagged: BIA Pro Bono Project, Brian D. Lerner, Executive Office of Immigration Review (EOIR), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
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)
Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Three (3) Member Panel | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Three (3) Member Panel | Leave a comment »
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/
Filed under: BIA | Tagged: BIA, Brian D. Lerner, Family planning claim, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
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 Issues Two Crime Related Decisions
Filed under: BIA, Couple from Egypt, Immigration Attorney, Immigration Judges, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Couple from Egypt, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | 2 Comments »
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 Granted
Filed under: BIA, Convention Against Torture (CAT), Immigration Attorney, Immigration Law, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Convention Against Torture (CAT), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
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)
DHS and Seneca Nation of Indians Announce Agreement to Develop Enhanced Tribal Card
Filed under: BIA, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner to pursue an argument never presented to the BIA, USCIS | Leave a comment »
The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10)
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Victory for Due Process of Aliens
Filed under: BIA, Immigration Attorney, Immigration Judges, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
Victory for Due Process of Aliens
Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
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