Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As a matter of first impression, the court held that the IJ’s jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. (Fernandes v. Holder, 8/20/10)
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Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court distinguished Lolong v. Gonzales and found that it lacked jurisdiction over the petition for review because the IJ’s decision to terminate proceedings resulted in no final order of removal. (Galindo-Romero v. Holder, 9/2/10)
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Filed under: Final Order of Removal, Immigration Attorney, Immigration Judges, Immigration Lawyer, Petition for Review, USCIS | Tagged: Brian D. Lerner, Final Order of Removal, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner, Petition for Review | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration judges adverse credibility finding was supported by substantial evidence where there was testimony about an elaborate scheme, involving the publisher of a newspaper associated with petitioner’s brother-in-law’s political party, to print a noncirculating issue and plant a copy in petitioner’s country’s national press archives. Adverse credibility finding did not, by itself, support a sua sponte finding that the petitioner filed a frivolous petition where the possibility of such a finding was not raised by the government or by the immigration judge. Khadka v. Holder – filed August 18, 2010
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Posted on February 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration Judges have authority to determine whether the validity of an alien’s approved employment-based visa petition is preserved under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2006), after the alien’s change in jobs or employers. Matter of Perez Vargas, 23 I&N Dec. 829 (BIA 2005), overruled.
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