Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA found that neither the government nor the respondent bears a formal burden of proof in immigration proceedings to establish whether or not the respondent is mentally competent, but where indicia of incompetency are identified, the Immigration Judge (IJ) should determine if a preponderance of the evidence establishes that the respondent is competent. Further, the BIA held that an IJ’s finding of competency is a finding of fact that the BIA can review to determine if it is clearly erroneous.
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Filed under: Immigration Court | Tagged: BIA, board of immigration appeals, IJ, Immigration Judge, mentally incompetent, reversal | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- In a published decision the BIA remanded the record to the immigration court for a new hearing before a different Immigration Judge (IJ), finding that conduct by an IJ that can be perceived as bullying or hostile is never appropriate, particularly in cases involving minor respondents, and may result in remand to a different IJ. The BIA also held that the requirements of the Federal Rules of Evidence with respect to the admission of expert testimony are inapposite to a respondent’s testimony regarding events of which he or she has personal knowledge.
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https://californiaimmigration.us/bia-remands-case-back-to-the-judge/
Filed under: Immigration Court | Tagged: BIA, board of immigration appeals, IJ, Immigration Court, reversal | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office for Immigration Review (EOIR) issued a security directive prohibiting use by the public of electronic devices, including cell phones, cameras, laptops, tablets, and MP3 players, in EOIR space, encompassing courtrooms, entrances/exits, corridors, conference rooms, and waiting areas. Attorneys or representatives of record, active members of a State Bar, and DHS attorneys representing the government in proceedings before the EOIR are permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court or business activities.
An appeals court
Copy of immigration court
Court order
Immigration court
Filed under: Immigration Court | Tagged: cell phone, district court, electronic devices, EOIR, Immigration, Immigration Attorney, Immigration Court, Immigration Lawyer, Supreme Court, us district court, US Supreme Court | Leave a comment »
Posted on January 13, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announces that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2011 since the filing window opened on April 1 last year.
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Filed under: H-1B Cap for FY2011, Immigration Court, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, H-1B Cap for FY2011, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful standard to allow court review of sua sponte reopening. (Mejia-Hernandez v. Holder, 1/27/11)
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Filed under: Decision on Review of Sua Sponte Reopening, Immigration Attorney, Immigration Court, Immigration Lawyer, Supreme court | Tagged: Brian D. Lerner, Decision on Review of Sua Sponte Reopening, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)
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Filed under: Aggravated Felonies, Immigration Attorney, Immigration Court, Immigration Lawyer, New York Penal Law §263.05, Sexual Abuse of a Minor | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, New York Penal Law §263.05, sexual abuse of a minor | Leave a comment »
Posted on January 26, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel, and that 8 CFR §1003.1 clearly allows a single member to issue such an opinion. (Ward v. Holder, 1/21/11)
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Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Three (3) Member Panel | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Three (3) Member Panel | Leave a comment »
Posted on January 24, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court reversed the adverse credibility finding as improperly based on the IJ’s perception of Petitioner’s ignorance of Christian doctrine, misstatements that did not go to the heart of the claim, and insufficient evidence of evasiveness. (Li v. Holder, 1/19/11)
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Filed under: Immigration Attorney, Immigration Court, Immigration Judges, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
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