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Circuit Court Finds Exceptional Circumstances Exist to Reopen Petitioner’s Removal Proceedings

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The First Circuit concluded that the BIA abused its discretion when it found that the circumstances attendant to the entry of an in absentia removal order against a young undocumented immigrant who was ill-served by two attorneys were not exceptional. Accordingly, the court remanded to the BIA with instructions to set aside the in absentia removal order and reopen the petitioner’s removal proceedings.

https://cbocalbos.wordpress.com/tag/expedited-removal/

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https://cbocalbos.wordpress.com/tag/removal-of-the-conditional-residence/

https://californiaimmigration.us/removal/

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Bars to Relief in Removal

Posted on November 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Bars to Relief in Removal – Avvo.com http://ping.fm/ENDgz

Removal

Removal proceedings

Administrative relief

I was removed from the U.S.

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Removal and specific Grounds of Removability

Posted on September 28, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Removal and specifc Grounds of Removability – Avvo.com http://ping.fm/Rn7f3

Removal proceedings

Removability

Removal meaning

Removal Attorney

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Petitioner commenced formal removal proceedings and applied for cancellation of removal

Posted on September 24, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Where petitioner commenced formal removal proceedings and applied for cancellation of removal–but left the country and then tried to reenter, leading to his removal under an expedited removal order–the court of appeals lacked jurisdiction to review an order of the Board of Immigration Appeals dismissing his appeal of an immigration judge’s decision terminating his formal removal proceedings because the decisions of the BIA and the immigration judge resulted in no final order of removal.

Cancelation of removal

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Removality

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New BIA case

Posted on June 16, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

New BIA case re: firearms: (1) In removal proceedings, the antique firearm exception in 18 U.S.C. § 921(a)(3)(2006)is an affirmative defense that must be sufficiently raised by an alien charged under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2006),
as an alien who has been convicted of an offense involving a firearm.

(2) Where the Department of Homeland Security has presented evidence that an alien has been convicted of an offense involving a firearm, it has met its burden of presenting clear and convincing evidence of deportability, and the burden then shifts to the respondent to show that the weapon was, in fact, antique.

Aliens removal hearing

Cancellation for removal

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BIA rules on withholding of removal

 

 

 

 

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