BIA’s decision ordering removal

Posted on February 28, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Court has held that the statute is not ambiguous and that its plain wording does not require a noncitizen to maintain his asylum status to apply for adjustment of status under INA §209(b), and vacated the BIA’s decision ordering removal.

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Medical condition can be basis for asylum

Posted on February 11, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Medical condition can be basis for asylum. The Fourth Circuit vacated and remanded, finding that the petitioner, who suffered severe harm in hospitals and prisons in Tanzania, qualified for asylum based on his membership in the particular social group of individuals with bipolar disorder who exhibit erratic behavior.

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The BIA found the respondent eligible for asylum

Posted on January 14, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The BIA found the respondent eligible for asylum, noting the compelling reasons respondent is unwilling to return to Senegal based on past female genital mutilation (FGM) irrespective of whether she has a well-founded fear of future persecution.

http://ow.ly/sx2MI

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BIA Finds IJ Confused Refugee and Asylum

Posted on December 26, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BIA Finds IJ Confused Refugee and Asylum Rules in Derivative Claim http://ow.ly/s1Gut

https://atomic-temporary-10880024.wpcomstaging.com/tag/bia/

https://atomic-temporary-10880024.wpcomstaging.com/tag/appeal-to-bia/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2/

https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/

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Another Win at the Law Offices of Brian D. Lerner

Posted on March 11, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Motion to Reopen granted. Client received asylum over 10 years ago, but left U.S. prior to adjusting status. Returned on Visitor Visa and removal proceedings were instituted. Client received deportation order in absentia. Afraid to go back to home country. MTR granted giving an opportunity to fight case and reinstate and/or reapply for Asylum.

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Another win for the Law Offices of Brian D. Lerner

Posted on February 5, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In absentia MTR granted by IJ Fong. NTA was sent to Client’s address listed on his I-589 more than 4 years after he applied for asylum but he was no longer living at that address. Motion granted based on Client’s declaration, daughter’s declaration and utility bills showing a change of address. According to IJ Order, the NTA and Notice of Hearing were also “returned to sender.”

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AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of “particular social group” for asylum purposes

Posted on February 24, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of “particular social group” for asylum purposes, arguing that the “social visibility” or “particularity” should not constitute part of the social group inquiry.

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The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent requirements

Posted on November 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that the addition of social visibility and particularity to the BIA’s social group definition is inconsistent with prior decisions and rejected it without a reason for adopting the requirements.