• Hours & Info

    3233 E. Broadway,
    Long Beach, CA 90803
    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.

  • Past Blog Posts

  • https://api.whatsapp.com/send?phone=13104885414

Expanded Provisional Waiver

Posted on August 18, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

DHS will publish in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen or lawful permanent resident (LPR) spouse or parent. This final rule adopts the proposed rule published on July 22, 2015, with changes made in response to comments received.

https://cbocalbos.wordpress.com/tag/provisional-waiver/

https://cbocalbos.wordpress.com/tag/expanded-provisional-waiver/

https://cbocalbos.wordpress.com/tag/criminal-waiver/

https://californiaimmigration.us/immigration-reform-becomes-effective/

Filed under: Immigration Attorney | Tagged: , , | Leave a comment »

Release on Bond for Reinstated Removal Order

Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Second Circuit affirmed the district court, finding that a reinstated removal order is not final during the pendency of withholding-only proceedings, and thus, the detention of individuals with reinstated orders of removal and in withholding-only proceedings is governed by INA §236(a), which permits release on bond.

https://cbocalbos.wordpress.com/tag/bond/

https://cbocalbos.wordpress.com/tag/bond-hearing/

https://cbocalbos.wordpress.com/tag/bond-hearings/

https://californiaimmigration.us/removal/judicial-review/

Filed under: Immigration Attorney | Tagged: , , | Leave a comment »

BIA Overturned

Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fifth Circuit granted the petition for review of the denial of the Ethiopian petitioner’s application for asylum and withholding of removal, finding that the BIA failed to consider several factors essential to determining whether one central reason for the Ethiopian government’s detention and maltreatment of the petitioner was persecution on account of a protected ground.

https://cbocalbos.wordpress.com/tag/bia/

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/appeal-to-bia/

https://californiaimmigration.us/political-asylum/eligibility/

Filed under: Immigration Attorney | Tagged: , , | Leave a comment »

Denial of Asylum to Chinese Applicant

Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.

Filed under: Immigration Attorney | Tagged: , , | Leave a comment »

MTR can be equitable Tolled

Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fifth Circuit granted the petition for review, holding that the 90-day deadline for filing motions to reopen can be equitably tolled, and remanding for the BIA to determine if equitable tolling was appropriate in the petitioner’s case. The court urged the BIA not to apply the equitable tolling test “too harshly,” noting the difficulties faced by immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system—much less read and digest complicated legal decisions.”

https://cbocalbos.wordpress.com/tag/mtr/

https://cbocalbos.wordpress.com/tag/motion-to-reopen-mtr/

https://cbocalbos.wordpress.com/tag/motion-to-reopen/

https://californiaimmigration.us/motion-to-reopen-granted-for-religious-person/

Filed under: Immigration Attorney | Tagged: , , | Leave a comment »

Crime of Violence VOID for vagueness

Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Sixth Circuit granted the petition for review, concluding that the U.S. Supreme Court’s decision in Johnson v. United States, which held that the Armed Career Criminal Act’s residual definition of “violent felony” was void for vagueness, applied to the INA’s parallel definition of “crime of violence.” The court thus held that INA §101(a)(43)(F)’s residual definition of “crime of violence” was unconstitutionally vague.

https://cbocalbos.wordpress.com/tag/crime-of-violence/

https://cbocalbos.wordpress.com/tag/aggravated-felony-crime-of-violence/

https://cbocalbos.wordpress.com/tag/shooting-at-an-inhabited-dwelling-or-vehicle-in-violation-of-ca-pc-%c2%a7246-is-not-a-crime-of-violence/

https://californiaimmigration.us/i-did-not-use-a-marriage-broker/

Filed under: Immigration Attorney | Tagged: , , | Leave a comment »

Assault found not to be a CMT

Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
  1. Applying the U.S. Supreme Court’s decision in Mathis v. United States, the Fifth Circuitvacated the BIA’s judgment and remanded, holding that the petitioner’s prior Texas misdemeanor assault conviction did not qualify as a “crime involving moral turpitude” that rendered him ineligible for cancellation of removal.

https://cbocalbos.wordpress.com/tag/assault/

https://cbocalbos.wordpress.com/tag/conviction-for-assault-with-a-deadly-weapon/

https://cbocalbos.wordpress.com/tag/crime-moral-turpitude/

https://californiaimmigration.us/los-angeles-deportation-law-firm/removability-grounds-are-many-when-you-are-a-green-card-holder-get-a-deportation-attorney-tho-help-you/

Filed under: Immigration Attorney | Tagged: , , | Leave a comment »

Rehearing Requested in Supreme Court Case

Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The DOJ filed a petition for rehearing with the U.S. Supreme Court in United States v. Texas, asking the Court to rehear the case when a ninth Supreme Court justice is confirmed. Last month, the Court deadlocked with a 4-4 tie in the case, which concerns President Obama’s expanded DACA and DAPA programs.

https://cbocalbos.wordpress.com/tag/petition-for-rehearing/

https://cbocalbos.wordpress.com/tag/rehearing/

https://cbocalbos.wordpress.com/tag/adoption-petition/

https://californiaimmigration.us/see-what-can-happen-if-you-dont-hire-an-immigration-attorney-in-los-angeles/

Filed under: Immigration Attorney | Tagged: , | Leave a comment »

Trying to petition a domestic worker?

Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
  1. DOS released a cable stating that, effective immediately, all contracts for domestic workers must state an hourly wage to be paid to the worker, and the rate must be the greater of the minimum wage under U.S. federal, state, or local law. Consular officers will no longer be required to compare the prevailing wage and minimum wage to determine the appropriate wage in domestic worker contracts.

https://cbocalbos.wordpress.com/tag/domestic-worker/

https://cbocalbos.wordpress.com/tag/prevailing-wage/

https://cbocalbos.wordpress.com/tag/domestic-violence/

https://californiaimmigration.us/have-1000000-for-a-green-card/

Filed under: Immigration Attorney | Tagged: , | Leave a comment »

Equitable tolling of Motion to Reopen

Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fifth Circuit remanded the petition to the Board of Immigration Appeals to determine if equitable tolling is appropriate in Mr. Lugo-Resendez’ case. Importantly, the Court instructed the Board not to apply the test “too harshly,” noting the difficulties faced by deported immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system—much less read and digest complicated legal decisions.”

https://cbocalbos.wordpress.com/tag/motion-to-reopen/

https://cbocalbos.wordpress.com/tag/motion-to-reopen-attorney/

https://cbocalbos.wordpress.com/tag/joint-motion-to-reopen/

https://californiaimmigration.us/motion-to-reopen-granted-2/

Filed under: Immigration Attorney | Tagged: , , | Leave a comment »

« Previous Page — Next Page »

  • Brian D. Lerner

    Immigration Lawyer

  • Blog Stats

    • 305,564 Visitors

  • Categories

  • Recent Posts