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BIA Finds IJs and the Board Lack Authority to Recognize the Equitable Defense of Laches in Removal Proceedings

 The BIA found the respondent did not submit sufficient objective evidence to support his fear of torture by the Rwandan government and that immigration judges and the Board lack the authority to recognize the equitable defense of laches in removal proceedings.

https://www.justice.gov/eoir/board-of-immigration-appeals

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Advocates Reach Settlement with USCIS Over Blank Space Policy

Advocates reached a settlement after challenging USCIS policy to reject applications with a blank response field. USCIS will accept the original submission date as the filing date for the applications it has identified as having been rejected pursuant to the policy

Advocates reached a settlement after challenging USCIS policy to reject applications with a blank response field. USCIS will accept the original submission date as the filing date for the applications it has identified as having been rejected pursuant to the policy.

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Supreme Court rules in favor of immigrants facing deportation against faulty government notices

The Supreme Court found that in order for an immigrant to be deported, the government must properly notify the individual on one document, rather than across several. While a technical issue, the ruling could affect hundreds of thousands of immigration cases. In a nutshell, a notice to appear (NTA) will be considered deficient if it is missing relevant information, such as the date and time of a removal hearing. Deficient NTAs no longer will trigger the “stop-time” rule, which starts when the government initiates removal proceedings and “stops the clock” on accumulated presence in the U.S. Deportations may be cancelled if an immigrant has been in the U.S. for at least 10 years, but the 10-year clock is paused when an NTA is issued. Now, the Supreme Court’s ruling held that an NTA can only trigger the “stop-time” rule if all relevant deportation and hearing information is on one document.

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https://www.usa.gov/deportation

If your in deportation, get a deportation attorney

 

A deportation lawyer, Brian D. Lerner, explains how just being deportable in the U.S. does not mean you cannot win your case. First, the deportation attorney explains there are two forms of Cancellation of Removal. Of course, you must be in Removal Proceedings to apply for Cancellation of Removal and cannot apply outside of Removal Proceedings. Deportation Lawyers generally state that many times  clients come into their offices claiming they have been here for  over 10 years and they want the deportation attorney to get their Green Card for them. However, it is not that easy as most deportation lawyers will know. These people have the misunderstanding that they only need to be here 10 years and magically they will qualify for the  Green Card. The deportation attorney also states that many times people who already have their Green Cards (or Lawful Permanent Residency), that they cannot be kicked out of the U.S. or deported. That is not further from the truth explains deportation lawyers. In fact there are multiple grounds of inadmissibility explains the deportation attorney . Brian D. Lerner, deportation lawyer further explains that by having the Green Card, you still fall under multiple provisions of the Immigration and Nationality act and you can absolutely be removed from the United States and deported with your status and Green Card taken away from you.

 

Additionally, deportation attorneys gets many clients that say they committed a crime, but they served their time and therefore is it not double jeopardy and/or a violation of their constitutional rights to be put into deportation / removal proceedings for the same crime. Brian D. Lerner, deportation lawyer states unequivocally that it is not a violation of your due process rights and it is not double jeopardy to be deported or put into immigration court for that same crime. Deportation lawyers explains that it is the criminal law that controls when you get or do the crime. However, U.S. immigration law controls once you are released from prison or once you have plead and have the conviction explains deportation attorneys. Therefore, the deportation attorney  explains that you might have had your Green Card for 10-15 years and have committed a crime which lands you in deportation proceedings. You can then be deported back to your country for that crime.

 

Thus, the Law Offices of Brian D. Lerner, deportation attorney explains how it is possible to beat the deportation and keep your Green Card. There is what is known as Cancellation of Removal for Lawful Permanent Residents. If you have your Green Card and commit or have committed a crime, then you might fall under the provisions of Cancellation of Removal for Lawful Permanent Residents. What are the requirements inquires the deportation lawyer? The deportation attorney , Brian D. Lerner, explains that first you need to have the Green Card for about 7 years. Next, you must not have committed an aggravated felony and finally it is within the discretion of the Immigration Judge whether to grant or not grant this petition.

 

Watch a video of Brian D. Lerner, deportation lawyer explaining how to win a Cancellation of Removal Case

 

The second issue is of notable concern. The deportation attorney explains that there are many types of crimes that fall under the ambit of being an aggravated felony. In fact, if you are about to plead guilty to a particular crime, you might very well want to visit a deportation attorney to get a criminal evaluation to work with the criminal attorney to plead to something that might minimize your immigration consequences and/or make it so you are not an aggravated felon. Brian D. Lerner, deportation attorney, will then argue how the crime is not an aggravated felony and then proceed to prepare what is necessary to represent you in your removal proceeding. Remember, this form of Cancellation of Removal is only for persons who have their Green Cards, not those here illegally.  Thus, deportation lawyers explains that it is a matter of preparing a very detailed and generally large petition for Cancellation of Removal for Lawful Permanent Residents. This will include all kinds of hardship, equities, declarations, exhibits and other matters to show why the Immigration Judge should grant the Cancellation of Removal. The deportation attorney los Angeles explains how if the Cancellation of Removal for Lawful Permanent Residents is granted, then you will retain and keep your Green Card. It is basically like a get out of jail free card from the Monopoly game.

 

Brian D. Lerner, deportation lawyer goes on to state that at the trial, he will call witnesses and sometimes get expert testimony on different areas of the case. Brian Lerner, deportation attorney  will then also get a psychological hardship report for the different family members. Sometimes, deportation attorneys will get evidence to show rehabilitation, volunteer work, family ties and other equities so the Immigration will agree to give the person their Green Cards and to be able to stay in the United States.

 

Thus, while people may think the moment they get into deportation proceedings is the end of the road, it is not. Deportation attorneys show how experience and putting together a good case can get somebody to stay in the U.S. even after being ordered removable, after committing a crime and after serving time. It is the view of Brian D. Lerner, deportation attorney, to vigorously represent his clients. He believes that the criminal client already served their time and understands that many people do ‘dumb’ things when they were young. Also, many people are in the wrong place at the wrong time and afraid to fight the legal system or simply don’t have the money to defend. Deportation lawyers makes clear that many clients have been in the U.S. for many years and have families and nothing back in their home countries. Brian D. Lerner, deportation lawyer, explains that it would tear the family apart, hurt the children, make a past mistake ruin the current life. Therefore, it is critical that you not give up. Fight your case and get a good deportation Attorney.

Looking for a deportation lawyer?

Question: Attorney Lerner, I understand that you are a deportation attorney. Can you describe what qualifications you have to represent clients in deportation proceedings?

Answer: Regarding Immigration Law, in 2000, I passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. My firm handles all types of deportation cases from all over the United States. It is critical that you get an expert attorney to represent you for the deportation and removal cases, not just somebody who happens to be local. At the deportation or removal hearing, depending on the case, as a deportation lawyer, I can apply for many forms of relief to try to win the deportation case against the client. Some of these forms of relieve include political asylum, withholding of removal, and convention against torture, registry, adjustment of status, cancellation of removal, termination for deferred action, prosecutorial discretion, administrative closure among others.

Question: So what does a deportation attorney do at the actual hearings?

Answer: At the deportation hearing, a deportation attorney will be able to perform and guide the client through the entire through the process, the master calendar hearing, the contested hearings, and the individual hearings. Keep in mind that the master hearing is very important as it determines in many instances the direction of the case and should not be taken lightly. The contested hearings are very important as well as they will determine whether or not the charges against you will be sustained and whether the charge of removability will be issued. Finally, the individual hearing is critically important as this is the trial on the particular matter. There will be witnesses, testimony, evidence and other matters which will comprise of the entire trial. After the trial, the Immigration Judge will make a decision upon which you will either win or have to appeal. In any case, it is crucially important to have a qualified deportation attorney who is an expert and has years of experience as a deportation lawyer.

Question: How many years of experience as a deportation lawyer do you have?

Answer: As a deportation attorney, I have nearly 20 years of experience. With each case, I am better able to handle and help the client who is either in detention or fighting the case while not being detained.

Question: How can you take deportation cases all over the United States?

Answer: Because Immigration Law is Federal Law, an experienced deportation lawyer who is admitted as an attorney, can practice anywhere in the United States. As for deportation hearings in other States, I travel all over the United States to help clients. Many times, other than the Individual Hearings, the Immigration Judge will allow telephonic hearings. Since deportation and removal cases are very complicated, the client absolutely does wants an immigration attorney who is an expert deportation lawyer. There is too much at stake to hire somebody because they are local or simply charging a lot less money.

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Can I submit a Permission to Reenter in deportation proceedings?

Can I submit a Permission to Reenter in deportation proceedings? – Avvo.com http://ping.fm/49dK8

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Reenter the USA after Deportation

What are the procedures for illegal immigrants to re-enter the US after being deported for minor drug related activities? – Immigration – Avvo.com http://ping.fm/nbCHh

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What is an Immigration Hold/Warrant?

what is a immigration hold or immigration warrant – Immigration – Avvo.com http://ping.fm/6sSCG

An Interview with a Los Angeles Immigration Attorney involved with Deportation Law

A frank and captivating interview from Los Angeles Southern California  Immigration Attorney, Brian D. Lerner
Date Released: 01/16/2010
Press Release Image Southern California Immigration Lawyer in Los Angeles An interview with Brian D. Lerner who is a Southern California Los Angeles Immigration Lawyer.

Question : howdy Mr. Lerner, I’m happy that we could have this interview. How long have you been a Southern Californ LA Immigration Attorney?

Answer : I’ve been a L. A. Southern Calfornia Immigration lawyer for many years. In fact, I was licensed in 1992. Many years I passed a rigorous exam and intensive experience requirements by the State Bar of California, Board of Legal Specialization. While I am a LA Southern California Immigration Lawyer, I could be a licensed specialist in Immigration and Nationality Law for the entire State of California. Additionally, I’ve been admitted to Circuit Courts of Appeal all over the united states and can help folks anywhere in the US.

Question : As a Los Angeles Southern California Immigration Attorney, what kinds of cases do you take?

Answer : I can handle the hardest of immigration cases arising from business visas, work authorizes, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all other areas of immigration. Generally, if the case is straightforward, it doesn’t come into my office. However , I help all ranges of folk in need as a L. A. Immigration lawyer. I help the individual that must do a marriage petition, to the person in deportation, to the person who needs a Waiver of Inadmissibility to the person who needs to get the Green Card from employment.

I also help many individuals in deportation or removal proceedings. Many times these folks have led productive lives except for a mistake many years ago and now they are having to pay the cost. There is no reason to give up. There are many ways of fighting a deportation case so as not to be deported for the rest of their lives in some cases. We will be able to do criminal relief and return to Criminal Court to vacate and/or vacate the crime so that specific person isn’t an aggravated felon. In addition, there are different types of relief in Immigration Court such as adjustment of standing, cancellation of removal for lawful permanent residents, cancellation of removal for non-permanent residents, political asylum, convention against torture, withholding of removal, termination of the case, naturalization amongst others. We can also try to argue the official language of the conviction does not rise to the level claimed by immigration. All I am able to say is ‘don’t give up’. We will fight for you.

Question: What is it like to know and be able to represent people in deportation proceedings?

Answer: While I am a Los Angeles Immigration Attorney who is a  Certified Specialist in Immigration and Nationality Law, I have helped people in deportation proceedings for years. Essentially, as a deportation attorney, I am able to take a seemingly hopeless case and find the gray area of the law that I can argue why the person in deportation should have the proceedings terminated, or if he or she is an aggravated felon, to argue why the statute is not applicable to them. Additionally, my firm has significant successes in asylum, cancellation of  removal, adjustment of status and convention against torture application.

Question : As an Immigration Attorney in Southern California, did you get your education in California?

Answer : Yes, i received my B.S. Degree in Business Administration, with importance on PC information Systems, from the college of Southern California. I then graduated from the university of the Pacific, McGeorge school of Law with a Juris Doctorate degree. I’ve always practiced in California and have clients all over the State of California. However , as a Los Angeles Immigration counsel, my offices have always been in the L. A. Area.

Question : Are you admitted to the U.S. Supreme Court?

Answer : Yes, I’m admitted to the united states Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 11th, 10th, 9th, 8th, 7th, 6th, 5th, 4th, third, 2nd and 1st Circuits. This implies that even though I am a Los Angeles Immigration Lawyer, I am able to prepare and file all Circuit Court of 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 of work, and the Board of Immigration Appeals. My firm can prepare all matters in each state in the US, Puerto Rico and Guam. As a Los Angeles Southern California Immigration Attorney, I have traveled all over the united states to help folks with their immigration needs.

Question : What do you have got to say in conclusion as a Southern California Immigration Attorney in Los Angeles?

Answer: I’ll handle the hardest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. I am frequently present in immigration court, representing people in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. I have prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at the Bureau of Citizenship and Immigration Services. He has appealed and argued cases in the Circuit Court of Appeals all over the United States.

I have prepared business visas for individuals from all around the world. Our firm has clients from practically each continent on Earth. My visa experience extends to Treaty Traders, Treaty backers, Intercompany Transferees, Speciality Occupations, coaching programs, and NAFTA visas. I have extensive experience in nearly all other sorts of visas issued. Additionally to all of those items while I have been an Immigration lawyer in L. A. , I have prepared enterprise Manager, countrywide Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners.

My clients are from all over the U. S. and many states around the world. Immigration Law is Fed. Law. although I am a Los Angeles Immigration Attorney, a petition or application would be prepared the same in Texas, Florida, or any other State as it might in California. It is more critical for you to be sure that you have an expert solicitor in Immigration Law prepare your case, instead of a barrister who turns out to be local. There is too much at stake to just give your case to anyone.

As a Los Angeles Immigration attorney, I am going to fight for you and your folks. Since I am married to an immigrant himself, I am committed to helping folks from all around the world to come to the U. S. to realize their dream.

Question : Thank you very much Mr. Lerner for taking the time to give us this interview. I’m certain that people have many questions for you and would like to make contact with you and learn how to get a consultation. What can they do?

Answer : They can call my office at 562-495-0554 or Toll-Free at 866-495-0554. Additionally, they can e-mail me their questions at blernercaliforniaimmigration.us or visit out website at http://www.californiaimmigration.us. I also can give Phone Consultations and even Rush Consultations if required. Eventually, for those people who do what another option, I can give them a web video consultation where they don’t even have to have a camera on their side.

I’d simply ask that they contact me so I’ll do my utmost to help them and their families.

33.767524 -118.