los angeles deportation attorney | Brian D. Lerner Immigration Attorney Blog

CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application

Posted on March 15, 2010 by Brian D. Lerner

The court finds that Immigration Judges have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09).

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Case Terminated

Posted on March 10, 2010 by Brian D. Lerner

Removal proceedings terminated w/o prejudice. Now, Client can apply for adjustment of status before CIS to obtain Lawful Permanent Residency.

Filed under: Adjustment of Status, deportation attorney, Immigration Attorney, los angeles deportation attorney, Removal Proceedings | Tagged: Adjustment of Status, Removal Proceedings | Leave a comment »

BIA Deference given to particularly serious crime

Posted on March 10, 2010 by Brian D. Lerner

As Immigration and Nationality Act is silent regarding the basis for determining whether a conviction is for a particularly serious crime, interpretation by Board of Immigration Appeals of what an immigration judge may refer to in deciding whether a prior offense met that standard is entitled to deference. All reliable information may be considered in making a particularly serious crime determination, including an alien’s removal hearing testimony under oath on his own behalf to obtain relief from removal. IJ and BIA appropriately considered nature of alien’s conviction, underlying facts of conviction, and type of sentence imposed when reaching conclusion that alien’s drunken driving conviction constituted a particularly serious crime.
Anaya-Ortiz v. Holder – filed January 25, 2010