Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)
H-2A Petitioners on prohibited fees
Petitioner to pursue an argument never presented to the BIA
Petitioner
Sibling Petition Summary
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found reasonable the BIA’s determination that robbery under Cal. Penal Code §211 is a crime involving moral turpitude for purposes of INA §212(a)(2)(A)(i)(I). (Mendoza v. Holder, 10/27/10)
crime involving moral turpitude
crime of moral turpitude
Crimes of Moral Turpitude
Multiple Laws Exist to Make You Removable
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Filed under: Immigration, Immigration Attorney, Immigration Lawyer, moral turpitude, Robbery under CA Penal Code §211 is a crime involving moral turpitude, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, moral turpitude, Robbery under CA Penal Code §211 is a crime involving moral turpitude, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that an alien released on conditional parole under INA §236 is not “paroled into the United States” for purposes of eligibility for adjustment of status under INA §245. (Delgado-Sobalvarro v. Att’y Gen. of the U.S., 11/2/10)
Adjustment of Status
Conditional parolee not eligible for adjustment of status
AOS
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that misdemeanor false imprisonment in violation of Cal. Penal Code §236 is not categorically a crime involving moral turpitude. (Saavedra-Figueroa v. Holder, 11/5/10)
Misdemeanor false imprisonment in violation of CA Penal Code §236
crime involving moral turpitude
crime of moral turpitude
Wins
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (Vahora v. Holder, 11/15/10)
administrative closure
Motion for Administrative Closure
Decision to deny administrative closure
deportation-attorney helps clients in U.S.
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10
Past Persecution
Rebut Past Persecution
asylum
Past Persecution: You can still get asylum
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DOS Liaison Committee reminds members that despite visa retrogression for various immigrant visa categories, posts should issue immigrant visas with a full six-month validity, even if the applicant’s immigrant visa category will retrogress.
Immigrant Visa Retrogression
Visa retrogression for various immigrant visa categories
DOS
Retrogression is always a possibility when awaiting a Visa
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court refused to suppress evidence of Petitioner’s alienage, finding no egregious 4th Amendment violation where no allegations of misconduct were asserted beyond a claim of a lack of probable cause at the time of his arrest. (Puc-Ruiz v. Holder, 12/23/10)
Finding no egregious 4th Amendment violation
4th amendment
Amendment Violation
4th amendment violation
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Solicitor General’s Brief in Opposition to Certiorari in Bradley v. Holder confirms that notwithstanding Bradley and similar cases, USCIS has discretion to adjust the status of immediate relative VWP overstays no matter when the I-485 is filed.
Immediate Relatives
USCIS has discretion to adjust the status of immediate relative
adjust status
immediate relative
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