Posted on December 17, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A case just came down with the following ruling:
Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015)
(1) 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.
(2) Conduct by an Immigration Judge 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 Immigration Judge.
Immigration judges
23 new immigration judges
Some immigration judges were hired without any Immigration Law experience
The attorney general disciplines the Immigration judges
Filed under: Immigration Judges | Tagged: IJ, Immigration Judge, judges bullying | 1 Comment »
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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)
33.767524
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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 »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that for purposes of derivative citizenship under former INA §321(a), the phrase “begins to reside permanently in the United States while under the age of 18 years” requires the status of a lawful permanent resident. (U.S. v. Forey-Quintero, 11/30/10)
33.767524
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Filed under: "Derivative Citizenship" under former INA §321(a), Immigration Attorney, Immigration Judges, Immigration Lawyer, LPR, USCIS | Tagged: "Derivative Citizenship" under former INA §321(a), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | 1 Comment »
Posted on January 5, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)
BIA
denial of bia
immigration attorney
BIA Issues Two Crime Related Decisions
33.767524
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Filed under: BIA, Couple from Egypt, Immigration Attorney, Immigration Judges, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Couple from Egypt, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | 2 Comments »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court dismissed Petitioner’s claim as administratively unexhausted, but implored its colleagues that when a similar case is next presented, to hold that slight tardiness to one’s hearing does not qualify as a failure to appear. (Camaj v. Holder, 11/8/10)
Failure to Appear
Immigration Attorney
inland empire immigration attorney
BIA Remands Case Where Defendant Appeals In Absentia Order
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Filed under: Failure to Appear, Immigration Attorney, Immigration Judges, Immigration Lawyer | Tagged: Brian D. Lerner, Failure to Appear, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10)
USC Father
BIA
bia board of immigration appeals
Victory for Due Process of Aliens
33.767524
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Filed under: BIA, Immigration Attorney, Immigration Judges, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR announcement on the appointment of six new immigration judges who will preside in immigration courts in Eloy, AZ, Lumpkin, GA, Memphis, TN, and Port Isabel and San Antonio, TX.
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Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE announcement that 32 individuals from the Atlanta area were arrested by Fugitive Operations Teams (FOT). Those arrested include individuals with prior criminal convictions, prior deportations, or outstanding final orders of deportation issued by an immigration judge.
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Filed under: 32 arrested from Atlanta by FOT, ICE, Immigration Attorney, Immigration Judges, Immigration Lawyer | Tagged: 32 arrested from Atlanta by FOT, Brian D. Lerner, ICE, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An alien is not precluded from post-conclusion voluntary departure under INA §240B(b)(1), where the request is raised for the first time after IJ issuance of the removal order, but prior to the conclusion of the hearing.
33.767524
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Filed under: Immigration Attorney, Immigration Judges, Immigration Lawyer, Post-conclusion Voluntary Departure, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Post-conclusion Voluntary Departure, USCIS | Leave a comment »
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