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Circuit Court Strikes Down Matter of S-O-G- & F-D-B-

Posted on November 3, 2021 by sethlerner1964

The Fourth Circuit Court of Appeals issued a ruling in Chavez Gonzalez v. Garland, which repealed Matter of S-O-G- & F-D-B-, holding that the Attorney General’s decision conflicted with the plain meaning of 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii), and that IJs and the BIA possess the inherent authority to terminate removal proceedings.

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia/

https://cbocalbos.wordpress.com/tag/4th-circuit/

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EOIR Announces Appointment of 24 New Immigration Judges

Posted on November 3, 2021 by sethlerner1964

EOIR announced the appointment of 24 new immigration judges, including four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. The memo provides a biography for each judge. They will join the newest BIA member, Appellate Immigration Judge Andrea Saenz.

https://www.justice.gov/eoir

https://atomic-temporary-10880024.wpcomstaging.com/tag/first-immigration-judge-to-join-eoir-in-2011/

https://cbocalbos.wordpress.com/tag/executive-office-for-immigration-review-eoir/

https://cbocalbos.wordpress.com/tag/eoir/

Filed under: BIA, bia decisions, EOIR | Tagged: , , | Leave a comment »

BIA Finds IJs and the Board Lack Authority to Recognize the Equitable Defense of Laches in Removal Proceedings

Posted on August 18, 2021 by sethlerner1964

 The BIA found the respondent did not submit sufficient objective evidence to support his fear of torture by the Rwandan government and that immigration judges and the Board lack the authority to recognize the equitable defense of laches in removal proceedings.

https://www.justice.gov/eoir/board-of-immigration-appeals

https://cbocalbos.wordpress.com/tag/appeal-to-bia/

https://cbocalbos.wordpress.com/tag/motion-to-reopen-with-the-bia/

https://cbocalbos.wordpress.com/tag/bia/

Filed under: BIA, Deportation, deportation attorney, deportation lawyer, deportation process | Tagged: , , , | Leave a comment »

BIA Remands for IJ to Determine Qualification for “Simple Possession” Exception

Posted on July 6, 2021 by sethlerner1964

The BIA sustained the appeal and remanded to allow the immigration judge (IJ) to evaluate if the respondent qualifies for the “simple possession” exception to §245(h)(2)(B) under the circumstance-specific approach.

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia-pro-bono-project/

https://cbocalbos.wordpress.com/tag/bia/

https://www.bia.gov/bia

Filed under: Anti-Drug Abuse Act (ADAA), BIA, bia decisions, Drug Conviction, drug offense | Tagged: , , | Leave a comment »

USCIS Will Now Provide Self-Service Kiosks for BIA and EOIR Payments

Posted on July 2, 2021 by sethlerner1964

USCIS announced that, as of June 2021, it will allow attorneys and accredited representatives to use self-service kiosks in USCIS field offices to pay the fees for filing an appeal of a DHS officer decision to the BIA or for filing EOIR immigration court motions.

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

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

https://atomic-temporary-10880024.wpcomstaging.com/tag/immigration-attorney/

https://www.bia.gov/bia

Filed under: 2010 USCIS Fee Schedule, Adjustment of Status, Filing, USCIS procedures | Tagged: , , , , | Leave a comment »

Biden administration official ends ‘Remain in Mexico’ asylum policy

Posted on July 2, 2021 by sethlerner1964

 The BIA ruled that a mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged cannot establish changed circumstances under INA §208(a)(2)(D).

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia/

https://cbocalbos.wordpress.com/tag/california-immigration-attorney/

https://www.uscis.gov/

Filed under: alien, BIA, Biden Administration | Tagged: , , | Leave a comment »

EOIR rescinds policy memo on case processing at the BIA.

Posted on April 22, 2021 by sethlerner1964

 EOIR issued a policy memo rescinding and cancelling Policy Memo 20-01, Case Processing at the Board of Immigration Appeals. Policy Memo 20-01 originally provided guidance on the case management system for appellate adjudications by the BIA and set internal deadlines for all phases of the pre-adjudicatory process at the BIA, including for case processing prior to completion of the appellate record. Now, upon this rescission, the BIA returns to the case management system established by regulation that was effective on September 25, 2002, to manage the Board’s caseload.

https://cbocalbos.wordpress.com/tag/bia/

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://californiaimmigration.us/bia-issues-two-crime-related-decisions/

https://cbocalbos.wordpress.com/tag/appeal-to-bia/

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EOIR Final Rule Making Major Changes to BIA Procedures Enjoined by District Court

Posted on April 1, 2021 by sethlerner1964

EOIR final rule, Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, which made dramatic changes to immigration appeals procedures. Earlier this month, a district court enjoined nationwide implementation of this rule.

https://cbocalbos.wordpress.com/tag/board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/appeal-to-bia/

https://californiaimmigration.us/losing-at-the-immigration-court-is-not-the-end-get-a-long-beach-deportation-lawyer-to-appeal-to-the-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

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BIA Rules Individuals Who Cooperate with Law Enforcement May Constitute a Particular Social Group if Their Cooperation Is Public in Nature

Posted on March 23, 2021 by sethlerner1964

 BIA ruled that individuals who cooperate with law enforcement may constitute a valid particular social group under the INA if their cooperation is public in nature, particularly where testimony was given in public court proceedings, and the evidence in the record reflects that the society in question recognizes and provides protection for such cooperation. 

https://cbocalbos.wordpress.com/tag/administrative-closure/

https://cbocalbos.wordpress.com/tag/administrative-procedure-act/

https://californiaimmigration.us/dont-give-up-do-a-petition-for-review-to-the-ninth-circuit-court-of-appeal/

https://cbocalbos.wordpress.com/tag/administrative-appeals-office-aao-2/

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BIA Rules Conviction for Assault in Violation of §245(a)(4) of the California Penal Code Is a CIMT

Posted on March 21, 2021 by sethlerner1964

Following Matter of Wu, the BIA ruled that conviction for assault by means of force likely to produce great bodily injury in violation of §245(a)(4) of the California Penal Code is categorically one for a crime involving moral turpitude (CIMT).

https://cbocalbos.wordpress.com/tag/another-case-on-yet-the-public-charge-rule/

https://cbocalbos.wordpress.com/tag/balca-remanded-the-case-for-certification/

https://californiaimmigration.us/hiring-a-los-angeles-immigration-attorney-is-critical-to-the-success-of-the-case/

https://cbocalbos.wordpress.com/tag/immigration-case/

Filed under: immigration case | Tagged: , , | Leave a comment »

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    Immigration Lawyer

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