Court Says Noncitizen Issued an Expedited Removal Order at Border Checkpoint Has “Re-Entered” Under INA §241(a)(5)

Posted on October 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In a question of first impression for the federal courts, the Ninth Circuit denied the petition for review, holding that a noncitizen who is issued an expedited removal order at a U.S. border-crossing checkpoint has entered the United States for purposes of reinstatement of removal under INA §241(a)(5). The court noted that its decision is limited to the reinstatement provision’s definition of “re-entry,” and that it does not disturb the longstanding common-law definition of “entry.”

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Filed under: Removal Proceedings | Tagged: 241(a)(5), Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, re-entry, Reinstatement of Removal | Leave a comment »

Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Sixth Circuit interpreted INA §240 as requiring that personal service be made upon a noncitizen whenever practicable, and held that personal service to a represented noncitizen’s counsel may, in certain cases, constitute personal service to the noncitizen. The court upheld the Board of Immigration Appeals, finding that the respondent, who was ordered removed in absentia after failing to appear at a master calendar hearing in his removal proceedings, had received sufficient notice under the INA, where the respondent’s counsel was personally served with written notice of the hearing on the day that he appeared with the respondent in immigration court

Removal proceedings

Order of removal

Removal or deportation hearings

Cancellation of removal

Filed under: Removal Proceedings | Tagged: 6th circuit, Immigration, Immigration Attorney, Immigration Lawyer, notice to appear, persona service of immigration notice, removability, Removal, removal order, Removal Proceedings, service on attorney, sixth circuit | Leave a comment »

Another win for the Law Offices of Brian D. Lerner

Posted on January 23, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Another win for the Law Offices of Brian D. Lerner.
Deferral of removal under the Convention Against Torture granted IJ Neumeister based on the murder of several of Client’s family members by Mexican authorities and sexual abuse suffered as a child. Client was in withholding only proceedings because of a previous deport order and was not eligible for withholding under the Act or withholding under CAT because of an aggravated felony conviction. DHS reserved appeal. Client should be released shortly.

DHS meaning

Department of homeland security

DHS appeal

DHS rescission of safe harbor procedures for employers

Filed under: Removal Proceedings | Tagged: DHS, dhs appeal, DHS secretary, Immigration Attorney, Immigration Lawyer, Removal, removal order, Removal Proceedings | 1 Comment »

Another win for the Law Office of Brian D. Lerner

Posted on May 31, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Removal proceedings terminated by Immigration Judge. Client is an LPR and has 3 convictions; 2 battery convictions and 1 assault conviction. DHS charged him with removability as an alien convicted of 2 crimes involving moral turpitude and an alien convicted of a crime of domestic violence. We were able to bond client out and then get proceedings terminated because DHS could not establish removability by clear and convincing evidence; battery is not categorically a CIMT or a COV. While the new 9th Circuit case overruling Silva-Trevino helped, proceedings would have terminated regardless because DHS tried to bypass the second step in Silva-Trevino and did not submit the required docs.

Expedited removal

Final order of removal

Forms of relief in a removal hearing

Removal

Filed under: Removal Proceedings | Tagged: Brian D. Lerner, Immigration Law, Immigration Lawyer, immigration win, removability, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »

Another win from the Law Offices of Brian D. Lerner

Posted on February 5, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Joint motion to terminate, DHS could not establish removability Client was an LPR and had a theft conviction and a solicitation for sale (crack) conviction. DHS could not establish removability based on a controlled substance violation or 2 CIMTs.

Cancelation of removal

Expedited removal

Final order of removal

Removal proceedings

Filed under: Removal Proceedings | Tagged: Brian D. Lerner, brian lerner, california immigration attorney, Immigration Attorney, Immigration Lawyer, immigration win, Law Offices of Brian D. Lerner, win | Leave a comment »

CA11 Says 5-Year Limitation under INA §246 Does Not Apply to Removal Proceedings

Posted on October 29, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that INA §246, limiting rescission of an erroneously granted adjustment of status to the five year period after adjustment is granted, applies only to rescission and not to the initiation of removal proceedings.

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Filed under: Removal Proceedings | Tagged: 5-Year Limitation, Atty.Brian D. Lerner, Immigration Lawyer, INA 246, Removal Proceedings | Leave a comment »

TPS Grant Does Not Terminate Removal Proceedings

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).

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 »

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.