Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that misdemeanor false imprisonment in violation of Cal. Penal Code §236 is not categorically a crime involving moral turpitude. (Saavedra-Figueroa v. Holder, 11/5/10)
Misdemeanor false imprisonment in violation of CA Penal Code §236
crime involving moral turpitude
crime of moral turpitude
Wins
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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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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (Vahora v. Holder, 11/15/10)
administrative closure
Motion for Administrative Closure
Decision to deny administrative closure
deportation-attorney helps clients in U.S.
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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
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court remanded to determine whether failure to register as a sex offender in violation of Wisconsin Statute §301.45(2)(a) is a crime involving moral turpitude under the analysis set forth inMatter of Silva-Trevino. (Mata-Guerrero v. Holder, 11/24/10)
Failure to register as a sex offender
Registered Sex Offenders
Violation of Wisconsin Statute §301.45(2)(a)
The Walsh Waiver. What to do to try to get it approved.
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Filed under: Failure to register as a sex offender, Immigration Attorney, Immigration Lawyer, moral turpitude, Violation of Wisconsin Statute §301.45(2)(a) | Tagged: Brian D. Lerner, Failure to register as a sex offender, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, moral turpitude, Violation of Wisconsin Statute §301.45(2)(a) | Leave a comment »
Posted on January 3, 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)
Derivative Citizenship
“Derivative Citizenship” under former INA §321(a)
Derivative Citizenship Case
I am a US citizen who meets the derived citizenship requirements but can not prove residency.
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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
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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
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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
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 