Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Section 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(c) (2006),requires mandatory detention of a criminal alien only if he or she is released from non-DHS custody after the expiration of the Transition Period Custody Rules (“TPCR”) and only where there has been a post-TPCR release that is directly tied to the basis for detention under sections 236(c)(1)(A)–(D) of the Act. Matter of Saysana, 24 I&N Dec. 602 (BIA 2008), overruled; Matter of Adeniji

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ninth overrules in favor of asylee. Court of appeals had jurisdiction to review determination that petitioner did not timely file his asylum application where the underlying fact that petitioner arrived in the United States less than one year before filing his asylum application was undisputed. Petitioner’s testimony that that he hid in China until less than one year before he applied for asylum was clear and convincing evidence that he did so, and immigration judge erred in concluding that proof of an exact arrival date was necessary. Immigration judge did not err in denying request for withholding of removal on the basis that petitioner had not established a likelihood that he would be subject to persecution where Chinese authorities searched for petitioner only on account of his assistance to a Falun Gong practitioner, not his political opinion or religion. Petitioner did not qualify for protection under the Convention Against Torture where the actions of Chinese authorities suggested, at most, that he might be subject to interrogation or punishment for his assistance to the escapee. Lin v. Holder

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Petition for my husband who entered the us legally – Avvo.com http://ping.fm/fqIvM

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i petioned my wife we filed an I-130 and that was accepted in july of 2007 now we don’t know what to do. she entered illegally. – Avvo.com http://ping.fm/u8pMr

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Green card Expires in 6 months and I have a Felony? – Avvo.com http://ping.fm/au3GM

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Will marrying a citizen change my overstayed status? – Avvo.com http://ping.fm/R8zfj

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H1B termination and re-entry on Visa Waiver Program after short stay in Canada – Avvo.com http://ping.fm/qRXAT

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husband deported – Avvo.com http://ping.fm/iI5ro

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