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Jurisdiction to review the BIA’s decision on a Motion to Reopen

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)

Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: , , , , , , | Leave a comment »

Jurisdiction to review the BIA’s decision on a Motion to Reopen

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)

Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: , , , , , , | Leave a comment »

Aggravated Felony of “sexual abuse of a minor”

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that a conviction under N.J. State Ann. §2C:14-3(a) constituted the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43) and that removal proceedings are not time-barred. (Restrepo v. Atty’ General of the U.S., 8/16/10)

Filed under: Aggravated Felonies, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: , , , , , , | Leave a comment »

Court remanded the Asylum case of a Falun Gong Practitioner

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court remanded the asylum case of a Falun Gong practitioner, finding that the evidence established that the petitioner was subject to a well-founded fear of persecution on return to China. (Qiu v. Holder, 7/12/10)

Filed under: asylum, Falun Gong Practitioner, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: , , , , , , | Leave a comment »

Concern on Counsel’s part to meet multiple court deadlines

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (Umezurike v. Holder, 7/9/10)

Filed under: asylum, Attorney's Failure to meet deadlines, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

BIA interpretation in Asylum Cases

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that the BIA interpretation of §1003.(d)(3) in In re A-S-B- cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)

Filed under: asylum, BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: , , , , , , | Leave a comment »

Grant Stay of Voluntary Departure

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that under 8 C.F.R. § 1240.26(i), it cannot stay a grant of voluntary departure after a petitioner seeks judicial review because the grant has already terminated. (Patel v. U.S. Att’y Gen., 8/24/10)

Filed under: Grant Stay of Voluntary Departure, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

Conditional Green Card Holder Eligibility for §212(c) Relief

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court remanded the case for the BIA to clarify whether it considered the date that petitioner was first admitted as a conditional permanent resident in its finding that he was ineligible for §212(c) relief (Gallimore v. U.S. Att’y Gen., 8/16/10)

Filed under: §212(c) Relief, Conditional LPR, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: , , , , , , | Leave a comment »

(TRAC) report finding that the ICE sought to remove individuals from the U.S.

Posted on November 18, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Transactional Records Access Clearinghouse (TRAC) report finding that the Immigration Courts have rejected an increasing proportion of cases in which ICE sought to remove individuals from the U.S.

Filed under: ICE, Immigration Attorney, Immigration Court, Immigration Lawyer, Transactional Records Access Clearinghouse (TRAC) | Tagged: , , , , , | Leave a comment »

Provides that the alien “shall have access” to non-confidential A-file documents

Posted on November 18, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that INA §240(c)(2) which provides that the alien “shall have access” to non-confidential A-file documents compelled the government to provide such documents to Petitioner without requiring him to file a FOIA request. (Dent v. Holder, 11/9/10)

Filed under: FOIA Request, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

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