Posted on September 24, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where husband and wife appealed the Board of Immigration Appeals’ decision denying their petitions for asylum and withholding of removal and relief under the Convention Against Torture, and husband’s petition for review was deemed moot after he died, court of appeals retained jurisdiction to consider wife’s derivative petition because there could be collateral consequences if it was dismissed. Wife’s derivative claim failed because substantial evidence supported immigration judge’s adverse credibility finding against husband where his application and attached declaration were inconsistent–with one stating that he was a Hindu who feared violence by Muslims and the other stating that he was a Muslim who feared violence by Hindus–and where husband’s omission of details was misleading in light of his later claims.
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Posted on September 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The holding in Matter of G-Y-R-, 23 I&N Dec. 181 (BIA 2001), as to the notice required to authorize the entry of an in absentia order, is applicable to cases arising in the Eleventh Circuit. Dominguez v. U.S. Att’y Gen., 284 F.3d 1258 (11th Cir. 2002), distinguished.
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Posted on September 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A conviction for a single crime involving moral turpitude that qualifies as a petty offense is not for an “offense referred to in section 212(a)(2)†of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2) (2006), for purposes of triggering the “stop-time†rule in section 240A(d)(1) of the Act, 8 U.S.C. § 1229b(d)(1) (2006), even if it renders the alien removable under section 237(a)(2)(A)(i) of the Act, 8 U.S.C. § 1227(a)(2)(A)(i) (2006)
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Posted on September 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The “one central reason†standard that applies to asylum applications pursuant to section 208(b)(1)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1158(b)(1)(B)(i) (2006),also applies to applications for withholding of removal under section 241(b)(3)(A) of the Act, 8 U.S.C. § 1231(b)(3)(A) (2006).
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Posted on September 20, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
What determines which service center your case is assigned to? – Avvo.com http://ping.fm/pfjYg
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Posted on September 20, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
i was deported back in 1998 and again in 2002 for a felony (check fraud) can i obtain a pardon and become legal again – Avvo.com http://ping.fm/LX77e
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Posted on September 20, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on September 20, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on September 20, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
what other sponsorship can my host family do when i am done as an exchange student aside from getting F1 – Avvo.com http://ping.fm/BsXcc
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Posted on September 20, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 