Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the BIA’s decision refusing to consider the Peruvian petitioner’s adjustment of status application because he entered the United States using a fraudulent Italian passport to gain the benefits of the Visa Waiver Program (VWP), holding as a matter of first impression that a noncitizen who fraudulently enters the United States under the VWP is subject to the VWP’s limitations, including waiving any challenge to deportation other than asylum. The court also held that the BIA did not err in denying the petitioner’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), finding that the petitioner failed to establish a nexus to a protected ground, and that the harm he suffered was insufficient for CAT protection.
Filed under: BIA | Tagged: #bia, ;bia, adjustment, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, fraudulent entry, Motion to Reopen with the BIA, ninth circuit | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On October 31, 2016, former Immigration Judges and BIA members sent a letter to DHS Secretary Jeh Johnson to express concern and disappointment regarding the dramatic increase in the numbers of men, women, and children detained by ICE, stating, “On the basis of our experiences as immigration jurists, we know this expansion comes at the expense of basic rights and due process.”
BIA
Appeal to BIA
Board of Immigration Appeals
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, ;bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, Detention, Immigration, Immigration Attorney, Immigration Lawyer, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA | 1 Comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA clarified Matter of Vo, holding that, within the jurisdiction of the Ninth Circuit, a returning lawful permanent resident (LPR) who has a felony conviction for solicitation to possess marijuana for sale is an arriving alien who is inadmissible under INA §212(a)(2)(A)(i)(I) for having committed a crime of moral turpitude (CIMT), even though that section of the INA refers only to attempt and conspiracy to commit a CIMT.
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, ;bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, cimt, crime of moral turpitude, Motion to Reopen with the BIA, possesion of marijuuana | Leave a comment »
Posted on June 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS draft memorandum, “Guidance on Uniform Denial Language Pertaining to Appeals to the Board of Immigration Appeals (BIA).
BIA
Board of immigration appeals
BIA and immigration
BIA issues two crime related decisions
33.767524
-118.189993
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Posted on April 16, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
New Case on BIA being overruled: Because deferral of removal is available under the Convention Against Torture regardless of whether petitioner has been convicted of a crime, a denial of deferral of removal under CAT is always a decision on the merits. Where alien testified credibly that Nigerian citizens deported for crimes committed in foreign lands were immediately imprisoned upon returning to Nigeria and nothing in the record contradicted this testimony, Board of Immigration Appeals’ conclusion that alien was not likely to be detained upon return to Nigeria was not supported by substantial evidence. Both BIA and immigration judge erred in failing to consider potentially dispositive testimony and evidence that alien would be intentionally tortured in Nigerian prisons because he has AIDS and subject to having his medications withheld as a form of punishment, and such evidence was required to be given reasoned consideration on remand.
Eneh v. Holder – filed April 15, 2010
BIA
Appeal to BIA
Board of immigration appeals
BIA deference given to particularly serious crime
Filed under: BIA | Tagged: #bia, ;bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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