Posted on July 8, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A new case : Where Chapter 7 debtor, prior to filing petition, assigned its accounts receivable to bank, but account-holder made payments directly to debtor instead of bank, and bankruptcy court later avoided bank’s security interest in a preference action by the trustee, bank was barred from proceeding in a separate action against the account-holder for amounts the account-holder paid to the debtor because the bank did not possess any claim separate and distinct from those which were adjudicated in the bankruptcy proceedings.
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Posted on July 8, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Crimes of Moral Turpitude should be analyzed under 24 I & N DEC 687 (2008). Step 1: – If it is clearly a CMT then the analysis is over; Step 2: Was there a temporary or permanent taking; Step 3: What extrinsic evidence exists (this can be shown); Step 4 – CMT is a non elemental fact. Look at Johnso vs. US (130 S.Ct. 1265 (2010)) or Matter of Milan – 25 De. 197 (BIA 2010).
Charged in violent crimes?
Crimes of moral turpitude
Particular types of crime
Victims of crime
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Filed under: Crimes of Moral Turpitude | Tagged: Crimes of Moral Turpitude, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »
Posted on July 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Documents that the Court can look at are the charging documents, plea documents, judgement and sentence documents. If there is another scenerio that can occur under the statute, it must be a ‘realist probability’.
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Posted on July 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The new case to look at re: divisibility of criminal statutes in Immigration Court proceedings is Nijawan vs. Holder, 129 S. Ct. 2294
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Filed under: Criminal statutes, Immigration Attorney, Immigration Court Proceedings, Immigration Lawyer, USCIS | Tagged: criminal statutes, Immigration Attorney, Immigration Court Proceedings, Immigration Lawyer, USCIS | Leave a comment »
Posted on July 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EB-1A Researchers do NOT need a position at a school to qualify for this position
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Posted on July 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
There are mandatory Voluntary Departure Advisals in Immigration Court, and if not given, there is a bais to make the Motion to Reopen
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Posted on July 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Voluntary Departure is revoked if you file a Motion to Reopen on the Voluntary Departure Period
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