Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration judges adverse credibility finding was supported by substantial evidence where there was testimony about an elaborate scheme, involving the publisher of a newspaper associated with petitioner’s brother-in-law’s political party, to print a noncirculating issue and plant a copy in petitioner’s country’s national press archives. Adverse credibility finding did not, by itself, support a sua sponte finding that the petitioner filed a frivolous petition where the possibility of such a finding was not raised by the government or by the immigration judge. Khadka v. Holder – filed August 18, 2010
Immigration judges
U.S district judge
Immigration judges who will preside in…
Immigration judges are proficient
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Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration judge’s adverse credibility finding was supported by substantial evidence where there was testimony about an elaborate scheme, involving the publisher of a newspaper associated with petitioner’s brother-in-law’s political party, to print a noncirculating issue and plant a copy in petitioner’s country’s national press archives. Adverse credibility finding did not, by itself, support a sua sponte finding that the petitioner filed a frivolous petition where the possibility of such a finding was not raised by the government or by the immigration judge. Khadka v. Holder – filed August 18, 2010
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Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Ninth Circuit decisions and those of other circuits provided petitioner, who claimed that ineffective assistance of counsel occurred after a final order of removal had been entered, with fair notice and the ability to anticipate that the Board of Immigration Appeals might have jurisdiction over his claim. District court did not err in dismissing habeas corpus petition for failure to satisfy prudential requirement that petitioner exhaust administrative remedies. Singh v. Napolitano – filed August 23, 2010
BIA Just a stepping stone
BIA appealing
The BIA ruling
BIA decisions
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, BIA Pro Bono Project, board immigration appeals, board of immigration appeal, board of immigration appeals, board of labor certification appeals, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Ninth Circuit decisions and those of other circuits provided petitioner, who claimed that ineffective assistance of counsel occurred after a final order of removal had been entered, with fair notice and the ability to anticipate that the Board of Immigration Appeals might have jurisdiction over his claim. District court did not err in dismissing habeas corpus petition for failure to satisfy prudential requirement that petitioner exhaust administrative remedies. Singh v. Napolitano – filed August 23, 2010
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Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The “personal use exception” of 8 U.S.C. Sec. 1227(a)(2)(B)(i), which exempts from removability those convicted of only a “single offense involving possession for one’s own use of 30 grams or less of marijuana,” does not apply to aliens who have more than one drug conviction. Petitioner was ineligible where his conviction for possession of concentrated cannabis was not his only controlled substance offense. Rodriguez v. Holder – filed August 23, 2010
Person with convictions
Felony granted
Several convictions
Drug conviction
33.767524
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Filed under: alien's conviction | Tagged: Brian D. Lerner, controlled substance, conviction, convictions, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Personal use exception | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The “personal use exception” of 8 U.S.C. Sec. 1227(a)(2)(B)(i), which exempts from removability those convicted of only a “single offense involving possession for one’s own use of 30 grams or less of marijuana,” does not apply to aliens who have more than one drug conviction. Petitioner was ineligible where his conviction for possession of concentrated cannabis was not his only controlled substance offense. Rodriguez v. Holder – filed August 23, 2010
33.767524
-118.189993
Filed under: alien's conviction, controlled substance, Drug Trafficker, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, controlled substance, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Personal use exception | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Petitioner’s conviction for distributing listed chemicals–ephedrine and pseudoephedrine–with reasonable cause to believe they would be used to manufacture methamphetamine qualified as a drug trafficking crime and constituted an aggravated felony rendering him ineligible for cancellation of removal under the Immigration and Nationality Act. Daas v. Holder – filed August 24, 2010.
Felony conviction
Committed an aggravated felony?
Immigration consequences
Aggravated felony theft offense
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Petitioner’s conviction for distributing listed chemicals–ephedrine and pseudoephedrine–with reasonable cause to believe they would be used to manufacture methamphetamine qualified as a drug trafficking crime and constituted an aggravated felony rendering him ineligible for cancellation of removal under the Immigration and Nationality Act. Daas v. Holder – filed August 24, 2010
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Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration judge erred in determining that presumption that Armenian petitioner, a Jehovah’s Witness, had a well-founded fear of future persecution was rebutted by State Department country reports indicating that Jehovah’s Witnesses had obtained the ability to register as a recognized religion in Armenia where reports contained no evidence explained the meaning or significance of that event. Kamalyan v. Holder – filed August 25, 2010
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Posted on August 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 