Posted on August 28, 2017 by Brian D. Lerner
The Ninth Circuit denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. The court found that California law on aiding and abetting, which looks to the natural and probable consequences of an act the defendant intended, had not materially changed since the U.S. Supreme Court decided Gonzales v. Duenas-Alvarez in 2007
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Filed under: best deportation attorney | Tagged: 9th circuit, aggravated felony, ninth circuit | Leave a comment »
Posted on August 8, 2017 by Brian D. Lerner
The Ninth Circuit Court of Appeals granted the petition for review of the Board of Immigration Appeals’ decision and held that the petitioner’s conviction for fleeing from a police officer under California Vehicle Code §2800.2 was not categorically a crime involving moral turpitude (CIMT), because the conduct criminalized does not necessarily create the risk of harm that characterizes a CIMT. The court concluded by ruling that the petitioner was not statutorily ineligible for cancellation of removal.
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Filed under: best deportation attorney | Tagged: 9th circuit, cimt, crime of moral turpitude | Leave a comment »
Posted on August 4, 2017 by Brian D. Lerner
The Ninth Circuit held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a), rather than by INA §236(a). Thus, the court found that the petitioner was not entitled to a bond hearing. The court noted that its decision creates a circuit split with the Second Circuit’s decision in Guerra v. Shanahan.
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Filed under: best deportation attorney | Tagged: 9th circuit, deport order, Deportation, reinstatement of removal order | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner
The Ninth Circuit granted the petition for review of the BIA decision, finding the petitioner ineligible for cancellation of removal or voluntary departure because he lacked good moral character as a “habitual drunkard.” The court remanded, holding that the petitioner could bring an equal protection challenge because there is no rational basis to classify persons afflicted by chronic alcoholism as innately lacking good moral character.
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Filed under: Immigration Attorney | Tagged: 9th circuit, BIA, GMC, habitual drunkard, Lack of good moral character | 1 Comment »
Posted on August 31, 2015 by Brian D. Lerner
The Ninth Circuit reversed the Board of Immigration Appeals’ denial of the petitioner’s adjustment of status application, finding that the petitioner reasonably relied on Acosta v. Gonzales, which was the law of the circuit in effect at the time he applied to adjust status, but which was later overruled by Garfias-Rodriguez v. Holder. The court held that the BIA’s decision in Matter of Briones should not be applied retroactively to bar the petitioner’s application, because the petitioner’s reliance interests and the burden that retroactivity would impose on him outweighed the interest in uniform application of the immigration laws.
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Filed under: Immigration Attorney | Tagged: 245(i), 9th circuit, briones, Illegal Reentry, ninth circuit | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner
The Ninth Circuit held that the statutory criminal bar to judicial review, INA §242(a)(2)(C), does not strip the court of jurisdiction to review the denial of a procedural motion, such as a motion for a continuance, that rests on a ground independent of the conviction that triggered the bar. The court denied the petition for review, however, because it found that the Immigration Judge did not abuse his discretion in denying the petitioner’s motion to continue.
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Filed under: Immigration Attorney | Tagged: 9th circuit, jurisdiction of appellate court, jurisdictional stripping, motion to continue, ninth circuit, Petition for Review | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner
The Ninth Circuit reversed the defendant’s conviction for illegal reentry, holding that by asking the defendant to comment on the credibility of a border patrol agent—a key witness against him—then referring to evidence not before the jury to bolster the agent’s testimony, the government deprived the defendant of the fair trial guaranteed by the Due Process Clause.
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Filed under: Immigration Attorney | Tagged: 9th circuit, Due Process, Illegal Reentry | Leave a comment »
