Filed under: Employer-Employee/Third-Party, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Tagged: employer-employee/third-party, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »
New Case involving modified categorical approach: Under modified categorical approach, bank employee’s guilty plea to stealing, embezzling, and misapplying $65,000 of bank funds in violation of 18 U.S.C. Sec. 656 qualified as an aggravated felony under 8 U.S.C. Sec. 1101(a)(43)(M)(i) because the knowing misapplication of funds necessarily involved fraud.
Carlos-Blaza v. Holder
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New Win for the Law Offices of Brian D. Lerner: daughter petitioned by mother and 24 years old. However, we were able to get child under CSPA and was considered under 21 years old under CSPA and got her Green Card
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The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating to a controlled substance under former section 241(a)(2)(B)(i) of the Act, 8 U.S.C. § 1251(a)(2)(B)(i) (1994).
Filed under: controlled substance, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Tagged: aggravated felony, controlled substance, Immigration Attorney, Immigration Lawyer, USCIS | Leave a comment »
A new case : Where Chapter 7 debtor, prior to filing petition, assigned its accounts receivable to bank, but account-holder made payments directly to debtor instead of bank, and bankruptcy court later avoided bank’s security interest in a preference action by the trustee, bank was barred from proceeding in a separate action against the account-holder for amounts the account-holder paid to the debtor because the bank did not possess any claim separate and distinct from those which were adjudicated in the bankruptcy proceedings.
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Documents that the Court can look at are the charging documents, plea documents, judgement and sentence documents. If there is another scenerio that can occur under the statute, it must be a ‘realist probability’.
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The new case to look at re: divisibility of criminal statutes in Immigration Court proceedings is Nijawan vs. Holder, 129 S. Ct. 2294
Filed under: Criminal statutes, Immigration Attorney, Immigration Court Proceedings, Immigration Lawyer, USCIS | Tagged: criminal statutes, Immigration Attorney, Immigration Court Proceedings, Immigration Lawyer, USCIS | Leave a comment »
For sexual abuse of a minor, the minor must be under 16 AND there must be a 4 year difference between the perpetrator and victim
Filed under: Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, Sexual Abuse of a Minor, USCIS | Tagged: age difference, Immigration Attorney, Immigration Lawyer, sexual abuse of a minor, USCIS | Leave a comment »
EB-1A Researchers do NOT need a position at a school to qualify for this position
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There are mandatory Voluntary Departure Advisals in Immigration Court, and if not given, there is a bais to make the Motion to Reopen
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 