Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)
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Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Motion to Reopen (MTR) | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that a conviction for distributing ephedrine and pseudoephedrine with reasonable cause to believe they would be used to manufacture methamphetamine under 21 USC §841(c)(2) is an aggravated felony drug trafficking crime. (Daas v. Holder, 8/24/10)
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Filed under: Aggravated Felonies, Drug Trafficking, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Drug Trafficking, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that a conviction for assault with a deadly weapon under Nevada Revised Statutes §200.471 is categorically an aggravated felony crime of violence. (Camacho-Cruz v. Holder, 9/2/10)
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Filed under: Aggravated felony crime of violence, Conviction for assault with a deadly weapon, Immigration Attorney, Immigration Lawyer, Nevada, USCIS | Tagged: Aggravated felony crime of violence, Brian D. Lerner, Conviction for assault with a deadly weapon, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Nevada | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that the BIA erred in holding that aliens seeking discretionary relief can effectively never demonstrate exceptional circumstances for reopening an in absentia order, and adopted a totality of the circumstances approach. (Vukmirovic v. Holder, 9/8/10)
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Filed under: BIA, Immigration Attorney, Immigration Lawyer, Reopening an in absentia order, USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Reopening an in absentia order, USCIS | Leave a comment »
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Matter of Legaspi 25 I&N Dec. 328 (BIA 2010).
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Filed under: BIA, Grandfathered for 245(i), Immigration Attorney, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Grandfathered for 245(i), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE press release announcing that Mario Ruiz-Toledo was sentenced to 64 months in federal prison for unlawfully returning to the U.S. after being deported, and eight years in state prison for burglary. The release includes information on the removal process for Ruiz-Toledo.
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Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Administrative Appeals Office (AAO) Processing Times as of December 1, 2010.
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Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Administrative Appeals Office (AAO) Liaison provides AAO updates and procedures. Additionally, practice tips on how to submit AAO inquiries and searching for AAO decisions are also provided.
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Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that a conviction under N.J. State Ann. §2C:14-3(a) constituted the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43) and that removal proceedings are not time-barred. (Restrepo v. Atty’ General of the U.S., 8/16/10)
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Filed under: Aggravated Felonies, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: Aggravated Felonies, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, sexual abuse of a minor, USCIS | Leave a comment »
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS executive summary issued from the 11/02/10 Verification Division stakeholders meeting on Form I-9. USCIS indicated that it will be drafting a Notice of Proposed Rulemaking (NPRM) for the Form I-9 and gave stakeholders an opportunity to comment on the Form I-9 process.
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Filed under: Immigration Attorney, Immigration Lawyer, Notice of Proposed Rulemaking (NPRM), Stakeholders meeting on Form I-9, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Notice of Proposed Rulemaking (NPRM), stakeholders meeting on Form I-9, USCIS | Leave a comment »
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