Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

http://ow.ly/ubLWe A lawful permanent resident who has accrued 7 consecutive years of lawful unrelinquished domicile in the United States and who is removable or deportable by virtue of a plea or conviction entered between April 24, 1996, and April 1, 1997, is eligible to apply for discretionary relief from removal or deportation under former section 212(c) of the Act unless: (1) the applicant’s removal or deportation proceedings commenced on or after April 24, 1996, and the conviction renders the applicant removable or deportable under one or more of the deportability grounds enumerated in section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, 1277 (as amended); or (2) the applicant is subject to the grounds of inadmissibility under sections 212(a)(3)(A),

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http://ow.ly/u6BBh Court has held that the statute is not ambiguous and that its plain wording does not require a noncitizen to maintain his asylum status to apply for adjustment of status under INA §209(b), and vacated the BIA’s decision ordering removal.

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http://ow.ly/tXmWf H-1B’s – going, going, gone. Get one before they disappear.

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http://youtu.be/hBDLGtnJOSg H-1B’s are almost here. Get Ready!

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Attorney Brian D Lerner: How to get back to the U.S. after a deportation – YouTube http://ow.ly/tTgVT

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Writs of Habeas Corpus

A writ of “Habeas Corpus” is a legal procedure that protects prisoners from unlawful detention and holds the government accountable. Habeas Corpus is a significant law used to protect individual liberties and freedoms and protect individuals from abusive or arbitrary state action. Used strategically, Habeas Corpus can protect individuals from deportation in a number of different scenarios.

A Writ of Habeas Corpus May Be Used To Help individuals Fight Illegal Or Improper Deportations

Habeas Corpus review is available in certain circumstances to challenge wrongful deportations. Generally, Habeas Corpus can be used to determine whether: (1) the individual fighting the deportation is an alien; (2) the individual was ordered removed (deported); and (3) the individual is a lawful permanent resident (LPR), or was granted refugee or asylum status. In this type of review, Habeas Corpus requires the court to determine whether such order of removal was in fact issued, and whether it relates to the individual who filed the action. If you have been wrongfully removed for not being a lawful permanent resident, Habeas Corpus can be used to fight a deportation.

Habeas Corpus May Be Used To Challenge Or Vacate State and Federal Criminal Convictions

In certain situations, Habeas Corpus may also be used to vacate or reduce criminal convictions that have taken away an individual’s residency. Where successful, a vacation or reduction of a conviction will allow individuals with past criminal histories to stay in the country. These individuals will no longer be considered deportable or removable, and/or designated as “aggravated felons.” In many jurisdictions where state Habeas Corpus actions have failed, it may be possible to bring a federal Habeas Corpus action to vacate a state crime, and retain your residency.

It is important to note that recent law (AEDPA §§101-06) has imposed a one-year statute of limitations on using Habeas http://ow.ly/tSzHg

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http://youtu.be/1uMGFV9KNaw How to Invest the $500,000 in a Regional Center for best EB-5 Petitions

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http://ow.ly/tclzc EB-5’s from China may enter the possibility of retrogression this coming summer or early fall.

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http://ow.ly/tcllC The use of prosecutorial discretion is on the rise in Los Angeles and in some other immigration courts.

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http://ow.ly/tckZG Medical condition can be basis for asylum. The Fourth Circuit vacated and remanded, finding that the petitioner, who suffered severe harm in hospitals and prisons in Tanzania, qualified for asylum based on his membership in the particular social group of individuals with bipolar disorder who exhibit erratic behavior.

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