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The Deportation Process Explained

Posted on June 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Deportation Process Explained

Question: I am now in deportation proceedings. I have no idea what to do in this deportation process and am very afraid how to proceed. Can you explain the deportation process and what will happen.

Answer: The deportation process is certainly one that is intimidating. The ICE officials are usually not pleasant and will many times try to have you sign documents that you should not sign. The deportation process is meant to try to get you to voluntary deport so that there is one less person in the system. Nobody is there to help you during the deportation process, and therefore, you must do what is necessary to get a qualified immigration attorney. The deportation process usually begins with you being taken from your house or work and put into immigration detention. At that point, I have many clients tell me that ICE officials will basically tell them there is no hope and that they should just sign the voluntary deportation papers so they can be deported. However, in many cases this hopelessness is not true and there are forms of relief that is available. Therefore, do not sign anything. The deportation process will then continue with a hearing in front of the Immigration Judge. Normally, the first hearing will be set around 5 to 10 days after you are placed into detention. While it is possible to get bond beforehand, it is not likely. Even if Immigration sets bond, it is usually many thousands of dollars higher than what the Immigration Judge might set.

At the first hearing in the deportation process, you should then request a Bond Redetermination Hearing. This is the hearing where evidence will be presented to see if you are statutorily eligible for bond, and if so, what amount should be set for that bond. If the bond is set, then the case will be continued and you will be given an opportunity to have a family member or friend post the bond and you will be released. Keep in mind that if you appear at all your immigration hearings, that you will get your bond money back at the end of the process. However, if you skip a hearing or do not follow the necessary instructions, you will have just given Immigration the bond money without return.

The deportation process will then continue in a non-detained facility if you bonded out and will continue with what is known as a Master Calendar hearing. While this particular hearing does not last long in front of the Immigration Judge, it is very important. It is where you will plea to the allegations in the Notice to Appear. This is the document you are served with at the beginning of the deportation process. It is the charging document as to why immigration believes you are deportable. After the Master Calendar, if you disputed any of the allegations, the deportation process will be set over for what is known as a Contested Hearing. This is where evidence will be presented to dispute the allegation and the Immigration Judge will either agree or disagree with you. If the charge is sustained, the Immigration Judge will determine if there is a proper ground for removability. If so, the next phase of the deportation process is for you to present evidence on what grounds of relief you might qualify for in Immigration Court. This could be Cancellation of Removal, Adjustment of Status, Asylum, Convention Against Torture, Registry and others.

Once you have let the Immigration Judge know what relief you might qualify for, your case will be set over to file the necessary applications. Afterwards, the deportation process will allow the next hearing which is known as a Merits Hearing. This is where you will actually have trial on the matter and bring witnesses and all of your testimony as well as whatever other evidence you have. At the end of the deportation process (at least at the Immigration Court level), the Immigration Judge will make a decision and let you know if the relief has been granted or denied.

Of course, this is a summary of the deportation process and there are lots of other items involved. However, this does give you an idea of the deportation process and what to expect. One thing is for sure. Be sure to get an Immigration Attorney who knows the deportation process!

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Enjoy Life

Posted on June 3, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This article will be a bit of a different article than normal. As you know, I am an Immigration Attorney. I am always helping families reunite and stay in the United States. I know how important it is to be with your family and to enjoy the time you have with them. This is one of the main reasons I chose Immigration Law. I did not like seeing families being torn apart and living in separate countries from their spouses, children and other loved ones. I needed to do something to help the despair that I saw people experiencing. That is why I have been practicing law for nearly 20 years.

Last week my father-in-law passed away. Since I grew up without a dad, my father-in-law was my father for almost the 20 years I have been married. His passing was quite difficult for me. I have never had someone as close as him pass away and I had an emptiness and sadness in me that I had never experienced before. The last week has emphasized what I do to help the immigration community was the right path for me to take. It has shown me that helping families through use of Immigration Law is the best path I could have taken.

It has taught me that we need to enjoy the time that we have with those whom we love. The reality is that we never know when our loved ones will pass on. My father-in-law had a headache and went to the hospital. At that time, he had brain hemmorages and 3 days later he passed away. While there is always things we can say we wished we had done, I was happy that I did spend a lot of time with him and played tennis and just sat and talked about many things with my father-in-law. Since his passing, I have come to a new realization about life. We really need to enjoy living itself. For example, the joy of seeing the sun rise, smelling a flower, walking the dog, playing a card game with your child. These joys and simple pleasures should not be taken for granted, but rather, relished and experienced. Never get tired of spending time with your loved ones. You will never say at the end that you wish you worked more. Make the time to do what you want to do with your loved ones while they are still living so that you do not have regrets when they pass away.

Don’t let the small stuff bother you. Don’t get mad because someone is driving too slow, or the bus is 5 minutes late. Don’t let the small stuff in life distract you from what is really important. When there is hardship and suffering, learn to work through it. For example, should you be separated because of a deportation, fight to get your loved one back. They are still here with you and if you fight hard enough, they will eventually be able to come back and be with you.

We all only have a limited time here. Let’s make the best of it and let’s make a positive impact on our families and society. Enjoy what you have. Enjoy your families and do not sweat the small stuff.

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Get the Best Deportation Lawyer to help you with your Deportation Case

Posted on May 24, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Best Deportation Lawyer needed for Removal Proceedings

Question: I am in deportation proceedings and I have no idea what to do. Can you help me?

Answer: First, you want to make sure to hire the best deportation lawyer. There is a myriad of things that can go wrong. You have to remember that the Immigration Judge and the attorney representing the ‘other side’ are not there to help you. In fact, you are just a number to them. You must find a knowledgeable and reputable deportation attorney who you believe is the best deportation lawyer available for the job. Keep in mind that the difference between a win and a lose could very well fall on the tactics that the immigration lawyer does and the manner in which he or she does it.

Question: I would like to find the best deportation lawyer. However, I just do not know what to look for in that particular immigration attorney. Can you help?

Answer: First, you want to make sure that the best deportation lawyer is actually an attorney. Unfortunately, there are some very unscrupulous people out there that could try to come off as an attorney and only end up taking your money. You can find out if they are in fact an attorney, they will be listed on the website for the attorneys for that particular State. Next, make sure the best deportation lawyer actually specializes in Immigration Law. If you will do a small inquiry, you will note what kind of law the immigration attorney does. If this immigration attorney only does a few immigration cases and takes multiple other cases per year of other areas of law, then it is a pretty good assumption that this particular immigration lawyer is not the best deportation lawyer for the job and probably does not know the details and complexities of immigration law. Many States actually have exams and other requirements for the immigration lawyer to take if that particular immigration lawyer wants to become a certified specialist in Immigration and Nationality Law. If your particular State has such a program for the licensed attorneys, it would be a good idea to see if this attorney is a certified specialist. If so, then you are one step closer to finding the best deportation lawyer for your case. Next, you certainly want to find out if this immigration attorney emphasizes deportation and removal law. Believe it or not, an immigration attorney can be a certified specialist in immigration law and still not specialize specifically in deportation law. If that is the case, then you have a very qualified immigration lawyer, but do not have the best deportation lawyer.

Question: How do I know if this immigration lawyer emphasizes deportation law.

Answer: You can certainly ask the immigration attorney what is their emphasis in immigration law. Alternatively, go on websites like Avvo.co, or Linkedin.com or other similar sites that allow you to view a detailed profile of the immigration attorney and ho that particular immigration attorney presents himself or herself. You should be able to notice that there is an emphasis in a particular area. For example, in deportation law, you will find discussions on Cancellation of Removal, Asylum, Convention Against Torture, Withholding of Removal, Adjustment of Status, Waivers and other items of a similar nature.

Getting the best deportation lawyer will give you a better chance of winning your case. It will give you a better chance of not being deported and if you win, you will be able to stay in the United States with your loved ones and your family. So, the bottom line, is do your homework and interview your immigration attorney, and then you can proceed with finding the best deportation lawyer for your case.

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Best Deportation Lawyer needed for Removal Proceedings

Posted on May 24, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am in deportation proceedings and I have no idea what to do. Can you help me?

Question: I would like to find the best deportation lawyer. However, I just do not know what to look for in that particular immigration attorney. Can you help?

Question: How do I know if this immigration lawyer emphasizes deportation law.

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INS Deportation need not be the last option

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

INS Deportation continues to be a problem for Illegal Aliens.

Question: As there continues to grow a population of illegal aliens in the United States, INS Deportation cases continue to grow. People are taken from their work, their homes, their cars and from all manner of places. I am afraid to walk down the street or outside of my house, especially with the new laws in Arizona. Can you elaborate on how someone can be subject to INS Deportation?

Answer: First of all, if you are here illegally, then you are subject to INS deportation. Only if you are here on a valid work permit, or as a Lawful Permanent Resident or as a U.S. Citizen are you not subject to INS deportation. As is well known, ICE officials can take you anywhere or anytime in order to carry out the laws of the United States. It is unfortunate, that many times these laws are misinterpreted, stretched or simply ignored by INS officials. However, if you start with the basis that you can be deported if you are here illegally, then you can move to the next step to try to win an INS deportation.

Question: What must I do to win an INS deportation or what defenses can I have?

Answer: If you are deportable, then you must determine if you have relief from deportation. The U.S. laws do permit you to normally fight your case in Immigration Court in order to avoid an INS deportation. Many times I have heard horror stories from clients about what INS, ICE or other government officials have said to them. Many times, clients will tell me something to the effect that they were coerced into signing a voluntary deportation order, or that they were told they will be in the detention facility for many years and nothing will happen unless they sign the ‘paper’. Of course, much of it was not true and people who had relief available were deported. Therefore, the bottom line is not to sign anything when you are in detention or presented with options by ICE officials. INS deportation is rather complicated and you should see a qualified immigration attorney to see how he or she can help you. For example, to avoid INS deportation, you could apply for different forms of relief depending on what you qualify for under the immigration laws. Some examples would be Cancellation of Removal for Lawful Permanent Residents, Cancellation of Removal for Non Permanent Residents, Adjustment of Status, Registry, Asylum, Convention Against Torture, Withholding of Removal and others. Each form of relief requires its own application and analysis. However, if you want to avoid INS deportation, and you have a chance at winning a form of relief, you should take it. It is definitely harder to win a case outside of the U.S. than inside. Even if you do not have a very strong case, many times it is beneficial to fight inside the U.S. to avoid INS deportation. Many people who are in detention will qualify for bond and be able to fight their case while being free. It is simply a matter for the Immigration attorney to make a Motion for Bond Redetermination.

Question: How long does it take to stop INS Deportation?

Answer: That will depend. Some cases can be terminated relatively quickly, and others will take years to fight. However, if one option is to have an INS Deportation and to live outside the U.S. in a country which you have no family or familiarity, verses being free in the U.S. while you fight your case, it is normally preferable to fight in the U.S. I have had many cases over the years that were being fought when some new laws came out making them eligible for some other form of relief. Every situation is different, but staying in the U.S. is worth fighting for.

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Deportation Lawyer

Posted on March 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Southern California Deportation Lawyer in Los Angeles An interview with Brian D. Lerner who is without a doubt a Southern California Los Angeles Deportation Lawyer.
Question : Howdy Mr. Lerner, I’m happy of which we would likely have this interview. Just how long have an individual been a Southern California LA Deportation Attorney?
Answer : I’ve been a Los Angeles Southern California Deportation Lawyer for a number of many years. In fact, I was licensed in 1992. A lot of many years I passed a rigorous exam and intensive practical experience requirements by the State Bar of California, Board of Legal Specialization. While I am a LA Southern California Deportation Lawyer, I may perhaps be described as a licensed specialist in Immigration and Nationality Law for the entire State of California. Moreover, I’ve been admitted in order to Circuit Courts regarding Appeal all over the united states and could aid folks anywhere in the US.
Question : Being a Los Angeles Southern California Deportation Attorney, just what exactly kinds regarding cases do an individual take?
Answer : I could handle the hardest regarding immigration cases arising coming from business visas, work authorizes, Green Cards, non-immigrant visas, removal, citizenship, appeals and all different areas of immigration. Generally, in the event the case is straightforward, it doesn’t come into my office. However , I aid all ranges of folk in need being a Los Angeles Deportation Lawyer. I help the individual that will need to do a marriage petition, in order to the particular person in deportation and/or removal, in order to the particular person who needs a Waiver regarding Inadmissibility to the individual who needs in order to get the Green Card via employment.
I additionally assist numerous individuals in deportation/removal or perhaps removal proceedings. Several times these folks have led productive lives except to get a mistake several several years ago and now they are having to pay the cost. There is no reason to be able to give up. There are generally a lot of ways of fighting a deportation case so as not to possibly be deported for the rest of their lives in some cases. We may possibly be able to do criminal relief and return in order to Criminal Court in order to vacate and/or vacate the crime so which specific particular person isn’t an aggravated felon. In addition, there are usually different kinds regarding relief in Immigration Court like adjustment associated with standing, cancellation associated with removal for lawful permanent residents, cancellation of removal for non-permanent residents, political asylum, convention against torture, withholding of removal, termination regarding the case, naturalization amongst others. We can easily furthermore try in order to argue the official language regarding the conviction does not rise to the level claimed by immigration. All I am able in order to say is without a doubt ‘don’t give up’. We might fight for an individual.
Question: Just what is actually it like to know and end up being able to represent men and women in removal proceedings?
Answer: While I am a Los Angeles Deportation Attorney who is a Certified Specialist in Immigration and Nationality Law, I have helped persons in removal proceedings for years. Essentially, being a deportation attorney, I am able to take a seemingly hopeless case and acquire the gray area regarding the law in which I may argue why the particular person in deportation/removal ought to use the proceedings terminated, or even if he or perhaps she is actually an aggravated felon, to argue why the statute is actually not applicable in order to them. On top of that, my firm has significant successes in asylum, cancellation of removal, adjustment regarding status and convention against torture application.
Question : As an Deportation Attorney in Southern California, did an individual get your own education in California?
Answer : Yes, i received my B.S. Degree in Business Administration, with importance about PC specifics Systems, coming from the college regarding Southern California. I then graduated from the university regarding the Pacific, McGeorge school associated with Law with a Juris Doctorate degree. I’ve always practiced in California and have clients all over the State regarding California. However , as being a Los Angeles Immigration counsel, my offices have always been in the Los Angeles Area.
Question : Tend to be people admitted to the U.S. Supreme Court?
Answer : Yes, I’m admitted to be able to the united states Supreme Court, the California Supreme Court along with the U.S. Courts associated with Appeals for the 11th, 10th, 9th, 8th, 7th, 6th, 5th, 4th, third, 2nd and 1st Circuits. This implies of which even though I am a Los Angeles Deportation Lawyer, I am able in order to make and file all Circuit Court associated with Appeals and U.S. Supreme court cases in the majority of the US As for all immigration matters at the Immigration Courts, USCIS, BICE, BCBP, BALCA, dept associated with work, and also the Board regarding Immigration Appeals. My firm may prepare all matters in each state in the US, Puerto Rico and Guam. As a Los Angeles Southern California Deportation Attorney, I have traveled all over the united states in order to help folks with their immigration needs.
Question : What do you actually have got to be able to say in conclusion being a Southern California Deportation Attorney in Los Angeles?
Answer: I’ll handle the hardest regarding deportation and/or removal cases as well as any appeal, Petition for Review and also Motion to Reopen case. I am frequently present in immigration court, representing persons in deportation and/or removal, removal, waiver asylum, withholding of removal and adjustment associated with status hearings. I have prepared numerous appellate briefs in order to the Board associated with Immigration Appeals and also other appellate boards at the Bureau associated with Citizenship and Immigration Serviceof Appeals all over the United States.
I’ve prepared business visas for individuals from all around the world. Our firm has clients coming from practically each continent about Earth. My visa expertise extends in order to Treaty Traders, Treaty backers, Intercompany Transferees, Speciality Occupations, coaching programs, and NAFTA visas. I have extensive experience in nearly all various other sorts associated with visas issued. Moreover in order to all associated with those people items while I have been an Deportation Lawyer in Los Angeles , I’ve prepared enterprise Manager, countrywide Interest Waiver and Extraordinary Alien applications for highly qualified foreigners.
My clients are from all over the U. S. and numerous states around the world. Immigration Law is Fed. Law. although I am a Los Angeles Deportation Attorney, a petition or perhaps application might be prepared the same in Texas, Florida, or even any additional State as it might in California. It is actually more very important for an individual to be able to end up being sure which you actually have an expert solicitor in Immigration Law create your current case, instead of a barrister who turns out in order to possibly be local. There is going to be too much at stake in order to only give your own case to anyone.
Being a Los Angeles Deportation Attorney, I am going to be able to fight for a person and your own folks. Since I am married in order to an immigrant himself, I am fully commited to helping folks from all around the world to come to be able to the U. S. to be able to realize their dream.
Question : Thank a person extremely much Mr. Lerner for taking the time in order to give us this interview. I’m certain that men and women have a number of questions for people and might like in order to make contact with you actually and learn how to obtain a consultation. Just what exactly could they do?
Answer : They can call my office at 562-495-0554 as well as Toll-Free at 866-495-0554. Additionally, they can easily e-mail me their questions at blerner@californiaimmigration.us and also visit out website at http://www.californiaimmigration.us. I additionally may give Phone Consultations and even Rush Consultations if required. Eventually, for individuals many people who do just what exactly another option, I can easily give them a web video consultation where they don’t even have to be able to have a camera on their side.
I’d simply ask in which they contact me so I’ll do my utmost in order to help them and their own families.

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Grounds for Deportation under Crimes of Moral Turpitude

Posted on March 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Grounds for Deportation

Grounds for Removal based upon Crimes of Moral Turpitude

For a myriad associated with reasons, individuals discover themselves in deportation and/or removal proceedings. In these proceedings, Immigration tries to be able to deport a person via the United States. There are quite a few ways regarding winning a removal case. Numerous factors depend upon how long an individual happen to be here from the United States, your relatives relationships, and also no matter whether you actually have a past criminal history. It is without a doubt crucially important which people get legal representation as soon as quite possible to be able to avoid adverse consequences of saying something in Immigration Court that will will probably damage the outcome regarding the case.

There tend to be a lot of grounds for deportation and/or removal. This article deals with Crimes associated with Moral Turpitude. The term “moral turpitude” means an act associated with baseness, vileness, as well as depravity inside the private and social duties owing in order to one’s fellow man as well as society in general, contrary to accepted and customary rules, and is based mostly on depraved and also vicious motives on the part of the alien. If a crime falls under ‘crimes associated with moral turpitude’ there tend to be grounds for removal. The actual Immigration Laws may not define or even provide a definition regarding a criminal offense associated with moral turpitude. Hence, a Court associated with Appeals may defer in order to the long-established BIA definition of which it includes a criminal offense fully commited recklessly with a conscious disregard of a substantial and unjustifiable risk to be able to the life and safety associated with others and these provide grounds for deportation and/or removal. There are many grounds for deportation

Irrespective of whether a crime involves moral turpitude and whether there tend to be grounds for deportation is actually contingent on the inherent nature of the crime as defined, as opposed to situations surrounding the unique transgression. The essential question and then in determining whether a crime involves moral turpitude is without a doubt no matter if the proscribed act, as based on the law regarding the right jurisdiction in which usually the act was thoroughly, includes elements which usually necessarily demonstrate the baseness, vileness, and depravity regarding the perpetrator.In order to determine regardless of whether a criminal conviction amounts to be able to a criminal offense involving moral turpitude and no matter whether there are generally grounds for deportation, it is actually the statute that will defines the crime, in lieu of the act absolutely, which usually is going to be controlling. If moral turpitude necessarily inheres from the crime defined by the statute under that the conviction occurred, the conviction is going to be for a crime involving moral turpitude. Hence, it is actually from the intent of which moral turpitude inheres, and a criminal offense absolutely without contemplating death, without malice, and without intent, and ordinarily thoroughly while engaged in a lawful act, although absolutely through carelessness or maybe lack associated with caution or simply circumspectio. In case the crime, does not include an evil intent, it does not involve moral turpitud and truth be told there are usually no grounds associated with removal.

However, a criminal statute need not require “evil intent” for it to be able to possibly be considered a crime involving moral turpitude; rather, the statute need simply require an act of such debased and also depraved behavior which it violates accepted moral specifications and in that case, there are usually grounds for deportation/removal. Conversely, not every conviction centered on a criminal statute requiring “evil intent” is going to be for a crime involving moral turpitude. Where reckless conduct is going to be an element of a statute, a crime of assault may end up being, although is without a doubt not per se, a crime involving moral turpitude; however, where the offense is similar in order to an easy assault, it is going to be not a crime involving moral turpitude. Just in case the statute under which in turn the alien was convicted includes some offenses that involve moral turpitude and others that tend not to, might the Board regarding Immigration Appeals (BIA) look to be able to the record regarding conviction, which in turn includes the indictment, the plea, the verdict, plus the sentence, in order to determine the offense for which in turn the alien was convicted. Within the case associated with a lot of lesser crimes, the question regarding moral turpitude is going to be not contingent on the name associated with the crime, but rather by the nature associated with the crime as defined within the pertinent statute and alleged within the indictment. In determining irrespective of whether a criminal offense involves moral turpitude, neither the immigration authorities nor the courts may go beyond the record of conviction to be able to examine conditions under which in turn the crime was fully commited, though, rather, the determination have to end up being made Moral turpitude ought to be inherent within the charge for there in order to be grounds for removal and thus ought to possibly be evidenced by the record itself; the question then is without a doubt no matter if the inherent nature associated with the crime as defined by law and particularized in the indictment necessarily involves moral turpitude. In general, a crime in which fraud is actually an ingredient involves moral turpitud and there tend to be grounds for removal, and fraudulent intent may either end up being explicit within a statutory definition regarding the crime or perhaps implicit inside the nature associated with the crime.Similarly, sexual crimes are considered in order to involve crimes of moral turputed upon the basis of the statutory definition associated with the crime plus the record regarding conviction. The indictment, plea, verdict, and sentencing, although not extrinsic evidence, may be properly considered in determining regardless of whether a crime involves moral turpitude. In doing so, the court may look to the allegations of the indictment pertinent to be able to the crime to be able to which in turn a plea associated with guilty was entered to determine no matter if such allegations state a crime involving moral turpitude.

Although when by definition a crime does not necessarily involve moral turpitude, an alien cannot possibly be deported because inside the particular instances conduct was immoral, if a crime does necessarily involve moral turpitude and there tend to be no grounds for deportation. Where the underlying, substantive offense is actually a crime involving moral turpitude, conspiracy to commit such an offense is actually likewise a crime involving moral turpitude and this provides grounds for removal. .Conversely, conspiracy to be able to commit an offense is going to be not a crime involving moral turpitude where the substantive offense does not involve moral turpitude. Similarly, conviction under state law associated with being an accessory before the fact constitutes a conviction for a criminal offense involving moral turpitude where the substantive offense involves moral turpitude and there are grounds regarding deportation..

Certain crimes involving moral turpitude for purposes regarding removal include: bad checks, blackmail, forgery, burgary, bigamy, insets, rape, larceny, receiving solen property, perjury, derauding the authorities, murder, voluntary manslaughter, mayhem, assalt and battery, false statements made in a passport, carrying a concealed weopen, robbery, child beating, bribery, counterfeiting, smuggling liquor, interfering with a policeman, possession of child pornography, alien smuggling, spousal abuse, mondey laundering and others.

As a person can observe the grounds for removal under crimes regarding moral turpitude is actually quite extensive. However, if people obtain people are generally in deportation and/or removal proceedings and need assist, it is going to be quite possible to be able to get waivers for many regarding thes crimes.

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Deportations are up in the Obama Administration, but there is hope

Posted on March 19, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Yes, deportations are on the increase in the Obama Administration. In fact, Latinos organized a demonstration just recently because there was no immigration reform. However, those foreign nationals should know that they cannot simply be deported and that there are ways to both fight deportation and to be bonded out of detention and be free during the deportation process. There are forms of relief to win the deportation such as Cancellation of Removal, Registry, Asylum, Withholding of Removal and more.

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BIA Deference given to particularly serious crime

Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

As Immigration and Nationality Act is silent regarding the basis for determining whether a conviction is for a particularly serious crime, interpretation by Board of Immigration Appeals of what an immigration judge may refer to in deciding whether a prior offense met that standard is entitled to deference. All reliable information may be considered in making a particularly serious crime determination, including an alien’s removal hearing testimony under oath on his own behalf to obtain relief from removal. IJ and BIA appropriately considered nature of alien’s conviction, underlying facts of conviction, and type of sentence imposed when reaching conclusion that alien’s drunken driving conviction constituted a particularly serious crime.
Anaya-Ortiz v. Holder – filed January 25, 2010

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