Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that INA §237(a)(2)(B)(i) which exempts from removal those convicted of a single offense involving possession of 30 grams or less of marijuana for one’s own use does not apply to persons with more than one drug conviction. (Rodriguez v. Holder, 8/23/10)
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Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that the application of Compean did not have retroactive effect and that Petitioner failed to exhaust his administrative remedies by not filing a motion to reopen with the BIA before filing a habeas petition. (Singh v. Napolitano, 8/23/10)
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Filed under: Application of Compean, Immigration, Immigration Attorney, Immigration Lawyer, Motion to Reopen with the BIA, USCIS | Tagged: Application of Compean, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Motion to Reopen with the BIA, USCIS | Leave a comment »
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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Filed under: BIA, Credibility of Remand, Immigration Attorney, Immigration Judges, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Credibility of Remand, 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
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Department of State (DOS) updates on Country Reciprocity Table changes for the month of November, including changes for Iraq, Cameroon, Timor-Leste, and Mauritius.
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Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE press release announcing the arrest of 13 individuals during a four-day enforcement operation in Idaho, as part of the Fugitive Operations Program, which gives top priority to cases that involve individuals who pose a threat to national security and public safety.
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Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE press release announcing that 85 individuals were arrested throughout Colorado and Wyoming during a Fugitive Operations Program initiative. Those arrested were individuals with prior criminal convictions, prior deportations, or outstanding final orders of deportation.
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Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA reinstated proceedings, finding that respondent was protected from execution of a removal order during the time her Temporary Protected Status (TPS) was valid, but she remained removable based on the charge of inadmissibility in the NTA. Matter of Sosa Ventura 25 I&N Dec. 391 (BIA 2010).
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Filed under: BIA, Immigration Attorney, Immigration Lawyer, Removal Proceedings, Temporary Protected Status (TPS), USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Removal Proceedings, Temporary Protected Status (TPS) | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The CO erred in forwarding the employer’s “request for review” to Board of Alien Labor Certification Appeals (BALCA), rather than treating it as a request for reconsideration, thereby precluding a legal argument that arose only after the denial letter was issued. (Matter of CVS RX Services, 11/16/10).
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner | Leave a comment »
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