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Res Judicata and Waiver Application

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that res judicata did not bar the government from lodging new removability charges based on convictions it had not previously raised and that petitioner’s 212(c) waiver did not apply to the instant removal order. (Duhaney v. U.S. Att’y Gen., 8/24/10)

Filed under: 212(c) Waiver Application, Immigration Attorney, Immigration Lawyer, Res Judicata, USCIS | Tagged: , , , , , | Leave a comment »

Concern on Counsel’s part to meet multiple court deadlines

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)

Filed under: asylum, Attorney's Failure to meet deadlines, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

BIA interpretation in Asylum Cases

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)

Filed under: asylum, BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: , , , , , , | Leave a comment »

Grant Stay of Voluntary Departure

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that under 8 C.F.R. § 1240.26(i), it cannot stay a grant of voluntary departure after a petitioner seeks judicial review because the grant has already terminated. (Patel v. U.S. Att’y Gen., 8/24/10)

Filed under: Grant Stay of Voluntary Departure, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

Conditional Green Card Holder Eligibility for §212(c) Relief

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court remanded the case for the BIA to clarify whether it considered the date that petitioner was first admitted as a conditional permanent resident in its finding that he was ineligible for §212(c) relief (Gallimore v. U.S. Att’y Gen., 8/16/10)

Filed under: §212(c) Relief, Conditional LPR, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: , , , , , , | Leave a comment »

Overseas filings of Form I-130, Petition for Alien Relative

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS executive summary from the 11/09/10 teleconference on overseas filings of Form I-130, Petition for Alien Relative. USCIS indicated that it is reviewing options to have all I-130 forms adjudicated domestically, as more than 95% of all I-130 forms are filed in the U.S.

Filed under: Form I-130, Immigration Attorney, Immigration Lawyer, Overseas filings of Form I-130, USCIS | Tagged: , , , , , | 1 Comment »

USCIS San Diego Chapter Liaison Minutes

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

San Diego Chapter USCIS Liaison Minutes from 11/16/10. The minutes address adjudication of I-130 petitions for beneficiaries in removal proceedings; advance notice to applicants for lengthy interviews; reminder about CIS fee increase; and stakeholder meeting on December 7.

Filed under: Immigration Attorney, Immigration Lawyer, Removal Proceedings, USCIS Fee Schedule, USCIS San Diego Chapter Liaison Minutes | Tagged: , , , , , | Leave a comment »

Update on Ciudad Juarez Consulate

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Update on Ciudad Juarez provided by DOS and USCIS officials at the Catholic Legal Immigration Network, Inc. (CLINIC) family immigration conference in El Paso, TX, Nov. 3-4, 2010.

Filed under: Catholic Legal Immigration Network Inc. (CLINIC), Ciudad Juarez Consulate, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , , | Leave a comment »

False Representation of Citizenship by an Alien

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that a false representation of citizenship by an alien for the purpose of obtaining private employment is a “purpose or benefit” under the INA, done, at the very least, for the “purpose” of evading §1324a’s provisions. (Ferrans v. Holder, 7/12/10)

Filed under: False Representation of Citizenship, Immigration Attorney, Immigration Lawyer, Purpose of obtaining private employment, USCIS | Tagged: , , , , , , | Leave a comment »

(TRAC) report finding that the ICE sought to remove individuals from the U.S.

Posted on November 18, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Transactional Records Access Clearinghouse (TRAC) report finding that the Immigration Courts have rejected an increasing proportion of cases in which ICE sought to remove individuals from the U.S.

Filed under: ICE, Immigration Attorney, Immigration Court, Immigration Lawyer, Transactional Records Access Clearinghouse (TRAC) | Tagged: , , , , , | Leave a comment »

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