Another win for the Law Offices of Brian D. Lerner, APC: Client’s mother was about to die. We filed a Motion to Reopen an old deportation order and asked it be joined in by ICE. It was a joint motion. Then, the Immigration Court terminated proceedings so we could proceed with the Adjustment. All this occured in less than 1 month.
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New Case on Convention Against Torture: Board of Immigration Appeals did not abuse its discretion in determining that petitioners failed to demonstrate prima facie eligibility for immigration relief because their proposed social group, “returning Mexicans from the United States,” was too broad to qualify as a cognizable social group; generalized evidence of violence and crime in Mexico was not particular to petitioners and was insufficient to establish a likelihood of torture.
Delgado-Ortiz v. Holder – filed April 6, 2010
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A new case. Another aggravated felony. Alien’s conviction for grand theft under California Penal Code Sec. 487(a) qualified as an aggravated felony under the modified categorical approach. By referencing alien’s “conviction record,” Board of Immigration Appeals sufficiently referenced the record as a whole. Abstract of judgment could fairly be read as a summary of alien’s specific offense, not merely a recitation of the title of the statute, and read together with the felony complaint, those documents clearly and specifically demonstrated that alien pleaded guilty to a charge of grand theft of personal property. Alien may not collaterally attack his state court conviction on a petition for review of a BIA decision.
Ramirez-Villalpando v. Holder – filed April 9, 2010
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A new case on Asylum: Alien’s hope that conditions would improve in her native Kenya did not constitute an extraordinary circumstance excusing her delay in filing application for asylum. Immigration judge’s adverse credibility finding was subject to reversal because it was premised on erroneous determination that alien had not mentioned an incident where she claimed she was almost run down by a truck in her application. Where an issue has been presented to an IJ, and the Board of Immigration Appeals affirms, the issue is deemed exhausted. Where IJ relied upon election of Kenyan Democratic Party leader as president in Kenya and the State Department’s 2002 Human Rights Country Report in finding that conditions in Kenya had improved for members of the Democratic Party to such an extent that alien no longer had a well-founded fear of returning, IJ’s decision was not supported by substantial evidence since that report covered only one day after the president was sworn in and four days after he won the election, confirmed abuses like those allegedly suffered by alien were still common in Kenya, and did not indicate that the former ruling party was no longer able to persecute Democratic Party members. Record did not compel a finding that alien would likely be tortured if returned to Kenya.
Mutuku v. Holder – filed April 9, 2010
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New case: Another aggravated felony ruling: Alien’s state felony conviction for possession of pseudoephedrine with intent to manufacture methamphetamine was categorically a “drug trafficking crime” that constitutes an “aggravated felony” under federal law, rendering him statutorily ineligible for cancellation of removal. A drug trafficking crime need not involve the use of a firearm to constitute an aggravated felony.
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New case on Bond Hearings: An immigration judge who presides over a petitioner’s bond hearing and removal hearing, may not use her notes from the unrecorded bond hearing in reaching her decision in removal hearing; purpose of a bond hearing–to determine whether an alien in custody should be released–markedly differs from the purpose of a removal hearing, which is to determine whether the petitioner is removable and whether he or she is eligible for relief from removal. Immigration judge erred in finding petitioner not credible based on his omission of detail regarding his fear of persecution at his bond hearing that he asserted during his removal hearing. Apart from IJ’s error in considering her bond hearing notes, remaining grounds for adverse credibility finding were not supported by substantial evidence because IJ failed to give alien an opportunity to explain a discrepancy, relied on speculation and conjecture, and imposed an erroneous requirement of corroborative evidence.
Joseph v. Holder – filed April 14, 2010
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New Case on BIA being overruled: Because deferral of removal is available under the Convention Against Torture regardless of whether petitioner has been convicted of a crime, a denial of deferral of removal under CAT is always a decision on the merits. Where alien testified credibly that Nigerian citizens deported for crimes committed in foreign lands were immediately imprisoned upon returning to Nigeria and nothing in the record contradicted this testimony, Board of Immigration Appeals’ conclusion that alien was not likely to be detained upon return to Nigeria was not supported by substantial evidence. Both BIA and immigration judge erred in failing to consider potentially dispositive testimony and evidence that alien would be intentionally tortured in Nigerian prisons because he has AIDS and subject to having his medications withheld as a form of punishment, and such evidence was required to be given reasoned consideration on remand.
Eneh v. Holder – filed April 15, 2010
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my boyfriends on immigration hold but he has papers. – Avvo.com http://ping.fm/u0YBt
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how long does it takes to get an immigration court? – Avvo.com http://ping.fm/OsWJO
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Can an illegal immigrant file for bankruptcy? – Avvo.com http://ping.fm/narsI
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 