Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

repay hospital fees – Avvo.com http://ping.fm/H01Yk

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can my landlord lie to other agency such as immigration or probation dept,in hope to have me arrrested and out of the way – Avvo.com http://ping.fm/XHYUm

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As an Indian citizen in the US on an F1 visa having lived in the US for a year as an undergrad student at NYU can I start an LLC – Avvo.com http://ping.fm/9Bbrd

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My fianc̩ has re-opened the case of his Green Card. I want to know the strength of our case, Dos & Donts at master hearing. РAvvo.com http://ping.fm/rhmNO

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New Bankruptcy Case from U.S. Supreme Court re: Exemptions: Where Chapter 7 debtor gave “the value of [her] claimed exemption[s]” on her Schedule C dollar amounts within the range the Bankruptcy Code allows for what it defines as the “property claimed as exempt,” the trustee was not required to object to the exemptions within 30 days to preserve the estate’s right to retain any value in the equipment beyond the value of the exempt interest claimed.
Schwab v. Reilly

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New BIA case re: firearms: (1) In removal proceedings, the antique firearm exception in 18 U.S.C. § 921(a)(3)(2006)is an affirmative defense that must be sufficiently raised by an alien charged under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2006),
as an alien who has been convicted of an offense involving a firearm.

(2) Where the Department of Homeland Security has presented evidence that an alien has been convicted of an offense involving a firearm, it has met its burden of presenting clear and convincing evidence of deportability, and the burden then shifts to the respondent to show that the weapon was, in fact, antique.

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New case win for Law Offices of Brian D. Lerner: First Line Supervisor PERM granted.

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A new case. The BIA is reversed and person is eligible for a Waiver:
Aliens who were not eligible for legal permanent resident status–but who unknowingly obtained that status through the criminal conspiracy of a former officer of the INS–were removable but were eligible to seek a waiver of inadmissibility under 8 U.S.C. Sec. 1182(k). BIA erred in construing the statute as precluding waiver based on alien’s possession of invalid visa.
Shin v. Holder

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Another win for the Law Offices of Brian D. Lerner. Court Proceedings granted: Person granted Petition for Removal of Conditional Residency and is now eligible for Naturalization.

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A new case from the Supreme Court verifying what I have been arguing for years:

-Immigration-
Second or subsequent simple possession offenses are not aggravated felonies under 8 U.S.C. Sec. 1101(a)(43) when the state conviction is not based on the fact of a prior conviction.
Carachuri-Rosendo v. Holder. Just because there are two possession crimes does not make it a trafficking crime.

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