Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a policy memorandum designating Matter of L-S-M- as an AAO adopted decision, which establishes this decision as policy guidance that applies to and binds all USCIS employees. Matter of L-S-M- clarifies that INA §240B(d)(2), which provides an exception for certain victims of domestic violence or related abuse to the civil penalties in INA §240B(d)(1) for failure to comply with an order of voluntary departure, does not extend to U-1 nonimmigrant victims of qualifying criminal activity.
Voluntary departure
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https://californiaimmigration.us/removal/judicial-review/
Filed under: Immigration Attorney | Tagged: Grant Stay of Voluntary Departure, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Post-conclusion Voluntary Departure, Review the denial of Voluntary Departure, victims of domestic violence, Voluntary Departure | Leave a comment »
Posted on November 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of DIAZ-LIZARRAGA, 26 I&N Dec. 847 (BIA 2016)
(1) A theft offense is a crime involving moral turpitude if it involves a taking or exercise of control over another’s property without consent and with an intent to deprive the owner of his property either permanently or under circumstances where the owner’s property rights are substantially eroded.
(2) Shoplifting in violation of section 13-1805(A) of the Arizona Revised Statutes is categorically a crime involving moral turpitude.
Theft offense
Theft meaning
Grand theft
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https://californiaimmigration.us/petty-theft-exception-for-illegal-immigrant/
Filed under: Immigration Attorney | Tagged: cmt, Crimes of Moral Turpitude, petty offense exception | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review of the BIA decision, finding the petitioner ineligible for cancellation of removal or voluntary departure because he lacked good moral character as a “habitual drunkard.” The court remanded, holding that the petitioner could bring an equal protection challenge because there is no rational basis to classify persons afflicted by chronic alcoholism as innately lacking good moral character.
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https://californiaimmigration.us/9th-circuit-case-gran/
Filed under: Immigration Attorney | Tagged: 9th circuit, BIA, GMC, habitual drunkard, Lack of good moral character | 1 Comment »
Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Sixth Circuit found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner, who claimed that her Christian beliefs would subject her to persecution if she was removed to China, had not presented evidence or any argument that would compel a reasonable adjudicator to disagree with the IJ’s finding. The court also rejected her due process claims, noting that because none of the alleged violations affected the outcome of her asylum claim, she did not suffer any prejudice.
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https://californiaimmigration.us/circuit-court-of-appeal-reverses-bia-denial-of-asylum/
Filed under: Immigration Attorney | Tagged: Adverse Credibility, asylum | Leave a comment »
Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As a matter of first impression, the Ninth Circuit held that a car’s mechanical failure does not alone compel granting a motion to reopen based on exceptional circumstances. Accordingly, the court upheld the BIA’s denial of the motion to reopen to rescind the in absentia removal order entered against the petitioner, whose car had broken down on the way to her removal hearing.
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https://californiaimmigration.us/motion-to-reopen-granted-2/
Filed under: Immigration Attorney | Tagged: car breaking down, in absetia removal order, motion to reopen, MTR | Leave a comment »
Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where the petitioner contended that his removal to Mexico would result in his death at the hands of the notorious La Linea drug cartel, the Seventh Circuit remanded the case to the BIA for reconsideration of the petitioner’s eligibility for deferral of removal under the Convention Against Torture (CAT). The court concluded that the petitioner appeared to have a strong case for deferral of removal, and instructed the BIA to pay careful heed to the analysis found in this opinion and its recent decision in Rodriguez-Molinero v. Lynch.
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https://californiaimmigration.us/tn-treaty-nafta/
Filed under: Immigration Attorney | Tagged: CAT, Convention Against Torture, drug cartel, Withholding | Leave a comment »
Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit affirmed the grant of a preliminary injunction against the state of Indiana’s attempt to withhold funds from a private agency that assists in the resettlement of refugees, including Syrian refugees. The court rejected the governor of Indiana’s brief asserting that “the State’s compelling interest in protecting its residents from the well-documented threat of terrorists posing as refugees to gain entry into Western countries,” finding that there was no evidence to support that argument.
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https://californiaimmigration.us/political-asylum/refugee-processing/
Filed under: Immigration Attorney | Tagged: asylum, indiana, Refugees, resettlement, syrian refugees | Leave a comment »
Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it has updated the information for the EB-5 Regional Center (EB-5) and EB-4 Non-Minister Special Immigrant Religious Worker (SR visa) programs in its Adjustment of Status Filing Charts for the October 2016 Visa Bulletin, after President Obama signed Public Law 114-223 on September 29, 2016. DOS also issued a cable on the extension of the EB-5, SR visa, and Conrad State 30 programs. Public Law 114-223 extended these three visa programs, as well as the E-Verify program, until December 9, 2016
Filed under: Immigration Attorney | Tagged: bisa programs extended, DOS, EB-5, religious petition, USCIS | Leave a comment »
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