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A new case from the BIA: (1) The 90-day time limitation for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1)(2010) applies to motions to reopen in absentia deportation orders for the purpose of adjusting status, whether filed before or after the 1996 promulgation of the regulations.

(2) The 5-year limitation on discretionary relief for failure to appear at deportation proceedings under former section 242B(e)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1252b(e)(1) (1994), is not in conflict with, and does not provide an exception to, the 90-day deadline for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1).

A new case regarding aggravated felonies:

-Immigration Law-
Offense of aggravated assault under the Canada Criminal Code is not categorically a crime involving moral turpitude.
Uppal v. Holder

A new case on Asylum: Immigration judge had discretion to require corroborating evidence from an otherwise credible witness in an asylum hearing. Judge did not err in barring asylum application as untimely in the absence of corroboration of petitioner’s date of entry or an explanation for the deficiency.
Singh v. Holder

A new case on fraudulent marriages:

NINTH U.S. CIRCUIT COURT OF APPEALS

-Immigration Law-
Where alien was granted permanent resident status on a conditional basis based on a petition filed by his U.S. citizen wife, but wife withdrew her support of petition before it was adjudicated, burden shifted from government to alien to prove marriage had been entered into in good faith. Immigration judge’s adverse credibility finding was supported by inconsistencies between alien’s testimony and that of his wife and another witness he presented. Given these inconsistencies, IJ’s and BIA’s conclusion that alien’s marriage was fraudulent was supported by sufficient evidence. Alien could not seek a waiver based on extreme hardship from IJ in the first instance or request a continuance to pursue a waiver application. Because alien’s extreme hardship argument was based on the effect his removal would have on his family from a second marriage, which did not yet exist when he was a conditional resident, alien would not qualify for a waiver. Since government had proffered wife’s testimony and affidavit to impeach alien’s testimony, government was not required to give alien notice of such evidence 15 days prior to hearing. Alien was not deprived of a fundamentally fair trial because he was able to present his version of events, cross-examine witnesses, and have his own witness testify on his behalf.
Hammad v. Holder

A new case on Cancellation of Removal:

NINTH U.S. CIRCUIT COURT OF APPEALS

–Immigration Law-
Petitioner’s unborn daughter was not a qualifying relative for purposes of cancellation of removal for exceptional and extremely unusual hardship where she did not meet the statutory definition of “child” at the time of petitioner’s hearing.
Partap v. Holder

Another win for The Law Offices of Brian D. Lerner, APC. This client is under 245(i) because spouse filed an I-130 on 1/05/1998 so no physical presence requirement of December 20, 2000. She committed fraud by claiming to be a U.S. Citizen, but normally, this would be a permanent bar to admissibility. We argued that it was pre IRAIRA and only a fraud waiver was needed. USCIS agreed and now she is a Lawful Permanent Resident.

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Immigration Reform Hopefully Coming

Immigration Reform is actually coming. There are other bills which are in front of Immigration Reform, but not for long.

It appears that will Immigration Reform might not exactly happen this year. However, it is going to be important of which people call your current congressional representatives and your current immigration attorney to be able to try to give your own opinion. There are generally 12 million illegal immigrants here from the U.S. and several would say in which the system is going to be broken. The deportations are generally up, illegal aliens keep arriving and employers employ the service of many folks illegally. A new system of which takes the reality associated with immigration and is going to be not basically an enforcement tool would help all involved. Harry Reid is going to be moving forward using the Immigration Reform. The Arizona Law is so obtrusive that a California Senator has been reported to want to have contracts torn up with Arizona. Immigration Rallies are happening.

Let us look at the problem more closely. If you look at just what exactly passed the legislature in Arizona, it almost makes one believe you actually are usually reading a fictional book. The only item left to be able to make it law is going to be for the Governor associated with Arizona to be able to sign the bill. It in essence allows the local police to be able to ‘stop and arrest’ men and women who ‘look suspicious’. Exactly how can someone look suspicious? Is actually that a way regarding stating which an individual looks hispanic or even illegal or maybe out regarding status? There is without a doubt no realistic or maybe real way that will a person basically ‘looks’ suspicious. Exactly what is actually means is actually that it is without a doubt giving the law enforcement authorities associated with Arizona the power to do racial profiling. Consequently, if someone looks ‘hispanic’ and maybe not a ‘resident’ or even ‘U.S. Citizen’, they can easily merely be stopped, questioned and harassed. This is going to be a severe intrusion into the privacy of the individual. Maybe they ought to just simply go door to door and ask to see someones Green Card or perhaps Birth Certificate. It is unconstitutional and even if your governor signs it, there will likely end up being lawsuits ready to be able to end up being filed the same day or shorty thereafter showing precisely how the law is without a doubt unconstitutional and should end up being stricken and invalidated. It is without a doubt curious precisely how the congressional representatives might have passed such an overtly racial and unconstitutional bill. Tend to be they afraid of which they will not end up being reelected back in office? Exactly how can easily they justify such a anti constitutional bill?

It is without a doubt this exact type of immigrat bashing and unconstitutionality of which mandates we ought to have immigration reform. We need complete immigration reform coming from the enforcement side associated with immigration in order to the visa and residency side. It should be where some laws will possibly be enacted in order to permit the over 12 million illegal immigrants to be able to get out associated with hiding and get some manner in order to obtain legal residency. The reality is going to be they tend to be part associated with this economy and they have integrated into out society. It will not have in order to possibly be an amnesty, yet a clear path to legalization. Naturally, the enforcement side regarding immigration really should additionally be amended so of which folks tend to be not deported for minor crimes and so that there are ways for those people persons to request waivers or maybe in order to not end up being seperated for several years from their families.

Immigration Reform is going to be definitely about the table as President Obama has indicated he wants to be able to obtain Bill passed. Democrat Charles E. Schumer of New York and Republican Lindsey Graham associated with South Carolina are usually working to be able to help craft an Immigration Reform Bill. There tend to be Bills that will are generally being presented in Congress, television coverage regarding Congressional Representatives moving forward on Immigration Reform and debate among a number of groups are generally to come. We being a nation of individuals really should call, e-mail and write our representatives in Congress to be able to move forward upon getting Immigration Reform.

Pro Bono Attorney needed from American Immigration Lawyers Association

There are organizations which will permit an Immigration Attorney to be pro bono and to help those in need. The hope is that more Immigration Attorneys will step up to the plate and help those in need, especially children. Our Immigration Law system is difficult enough. Can you imagine what a child must think when they immigrate to the U.S. and don’t even speak our language. American Immigration Lawyers Association is a great organization of over 10,000 immigration lawyers of which many do volunteer and help those in need.