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BIA on the “one central reason” standard that applies to asylum and withholding of removal applications

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BIA held that the “one central reason” standard that applies to asylum applications pursuant to INA §208(b)(1)(B)(i) also applies to applications for withholding of removal under §241(b)(3)(A). Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010).

Filed under: Applications for Withholding of Removal, Asylum Application, BIA, Immigration Attorney, Immigration Lawyer | Tagged: , , , , , , | Leave a comment »

BIA on conviction for a single crime involving moral turpitude

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BIA held that a conviction for a single crime involving moral turpitude that qualifies as a petty offense is not an “offense referred to in section 212(a)(2)” of the INA for purposes of triggering the stop-time rule. Matter of Garcia, 25 I&N Dec. 332 (BIA 2010).

Filed under: BIA, Immigration Attorney, Immigration Lawyer, Single crime involving Moral Turpitude, USCIS | Tagged: , , , , , | Leave a comment »

Jurisdiction to review the BIA’s credibility determination

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that INA §242(a)(2)(B)(ii) and INA §216(c)(4) deprive it of jurisdiction to review the BIA’s credibility determination or its weighing of the evidence found to be credible in a conditional residence waiver case.

Filed under: BIA, Immigration Attorney, Immigration Lawyer, INA §216(c)(4), INA §242(a)(2)(B)(ii) | Tagged: , , , , , , | Leave a comment »

BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

As a matter of first impression, the court held that the IJ’s jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. (Fernandes v. Holder, 8/20/10)

Filed under: BIA, Credibility of Remand, Immigration Attorney, Immigration Judges, Immigration Lawyer, USCIS | Tagged: , , , , , , | Leave a comment »

TPS Grant Does Not Terminate Removal Proceedings

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The BIA reinstated proceedings, finding that respondent was protected from execution of a removal order during the time her Temporary Protected Status (TPS) was valid, but she remained removable based on the charge of inadmissibility in the NTA. Matter of Sosa Ventura 25 I&N Dec. 391 (BIA 2010).

Filed under: BIA, Immigration Attorney, Immigration Lawyer, Removal Proceedings, Temporary Protected Status (TPS), USCIS | Tagged: , , , , , , | Leave a comment »

Jurisdiction to review the BIA’s decision on a Motion to Reopen

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)

Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: , , , , , , | Leave a comment »

Jurisdiction to review the BIA’s decision on a Motion to Reopen

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)

Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: , , , , , , | Leave a comment »

Reopening an in absentia order that demonstrate exceptional circumstances

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that the BIA erred in holding that aliens seeking discretionary relief can effectively never demonstrate exceptional circumstances for reopening an in absentia order, and adopted a totality of the circumstances approach. (Vukmirovic v. Holder, 9/8/10)

Filed under: BIA, Immigration Attorney, Immigration Lawyer, Reopening an in absentia order, USCIS | Tagged: , , , , , , | Leave a comment »

BIA on grandfathered for 245(i)

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Matter of Legaspi 25 I&N Dec. 328 (BIA 2010).

Filed under: BIA, Grandfathered for 245(i), Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , , | Leave a comment »

BIA interpretation in Asylum Cases

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that the BIA interpretation of §1003.(d)(3) in In re A-S-B- cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)

Filed under: asylum, BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: , , , , , , | Leave a comment »

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