Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10
Past Persecution
Rebut Past Persecution
asylum
Past Persecution: You can still get asylum
33.767524
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Filed under: asylum, Immigration Attorney, Immigration Court, Immigration Lawyer, Past Persecution, USCIS | Tagged: asylum, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Past Persecution, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
For purposes of rescinding an in absentia order under former INA §242B, the alien must not only establish lack of actual notice, but also that the lack of notice was due to a reason other than failure to provide a current address. (Sanchez v. Holder, 12/6/10)
Reopening an in absentia order
deportat order in absentia
absentia deportation
Motion to Reopen in Absentia Granted
33.767524
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Filed under: Establish lack of actual notice, For purposes of rescinding an in absentia order, Immigration Attorney, Immigration Court, Immigration Lawyer, Under former INA §242B | Tagged: Brian D. Lerner, Establish lack of actual notice, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Under former INA §242B | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
Petitioner’s CAT claim
CAT
cats
Victory for Due Process of Aliens
33.767524
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court refused to suppress evidence of Petitioner’s alienage, finding no egregious 4th Amendment violation where no allegations of misconduct were asserted beyond a claim of a lack of probable cause at the time of his arrest. (Puc-Ruiz v. Holder, 12/23/10)
Finding no egregious 4th Amendment violation
4th amendment
Amendment Violation
4th amendment violation
33.767524
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Filed under: Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Finding no egregious 4th Amendment violation, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
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)
33.767524
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Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Motion to Reopen (MTR) | Leave a comment »
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)
33.767524
-118.189993
Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Motion to Reopen (MTR) | Leave a comment »
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)
33.767524
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Filed under: Aggravated Felonies, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: Aggravated Felonies, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, sexual abuse of a minor, USCIS | Leave a comment »
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)
33.767524
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Filed under: asylum, Falun Gong Practitioner, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: asylum, Brian D. Lerner, Falun Gong Practitioner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
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)
33.767524
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Filed under: asylum, Attorney's Failure to meet deadlines, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: asylum, Attorney's Failure to meet deadlines, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
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)
33.767524
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Filed under: asylum, BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: asylum, BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
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