Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR issued an interim rule with a request for comments amending the DOJ regulations relating to the Board of Immigration Appeals (BIA) by adding two Board member positions, expanding the BIA to 17 members. This rule is effective today. Comments must be submitted by August 3, 2015.
BIA
Board of immigration appeals
Appeal to BIA
BIA Deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, EOIR, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued yesterday, the BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 USC §611(a) is removable under section 237(a)(6)(A) of the INA, regardless of whether the respondent knew that he or she was committing an unlawful act by voting. The BIA reasoned that because the respondent, an LPR who had disclosed during a naturalization interview that she had voted in an election in 2006 that included a local school board race, had intentionally voted in an election involving candidates for federal office, the general intent requirement of §611(a) was satisfied.
BIA
Board of immigration appeals
Appeal to BIA
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA, removability from voting, unlawful voting | Leave a comment »
Posted on December 18, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 30, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on December 19, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that a translation error in a medical document corroborating Petitioner’s injuries contributed significantly to the IJ’s adverse credibility finding, and stayed the appeal so that Petitioner could present the error to the BIA.
BIA
Board of immigration appeals
Appeal to BIA
BIA decisions
Filed under: BIA | Tagged: #bia, appeal to bia, Atty.Brian D. Lerner, BIA, bia board of immigration appeals, BIA Pro Bono Project, CA6, IJ, Immigration Lawyer, medical document, Motion to Reopen with the BIA, translation | Leave a comment »
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office of Immigration Review (EOIR) press release announcing the 10th anniversary of the BIA Pro Bono Project. The Project was implemented in 2001 to improve access to legal information and increase pro bono representation for individuals being detained while their immigration cases are under appeal.
BIA rules on adverse credibility findings based on fraudulent documents
BIA pro bono project
Board of immigration appeals
BIA eligibility
33.767524
-118.189993
Filed under: BIA | Tagged: BIA Pro Bono Project, Brian D. Lerner, Executive Office of Immigration Review (EOIR), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office of Immigration Review (EOIR) press release announcing the 10th anniversary of the BIA Pro Bono Project. The Project was implemented in 2001 to improve access to legal information and increase pro bono representation for individuals being detained while their immigration cases are under appeal.
33.767524
-118.189993
Filed under: BIA Pro Bono Project, Executive Office for Immigration Review (EOIR), Executive Office of Immigration Review (EOIR), ICE, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: BIA Pro Bono Project, Brian D. Lerner, Executive Office of Immigration Review (EOIR), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on September 24, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where husband and wife appealed the Board of Immigration Appeals’ decision denying their petitions for asylum and withholding of removal and relief under the Convention Against Torture, and husband’s petition for review was deemed moot after he died, court of appeals retained jurisdiction to consider wife’s derivative petition because there could be collateral consequences if it was dismissed. Wife’s derivative claim failed because substantial evidence supported immigration judge’s adverse credibility finding against husband where his application and attached declaration were inconsistent–with one stating that he was a Hindu who feared violence by Muslims and the other stating that he was a Muslim who feared violence by Hindus–and where husband’s omission of details was misleading in light of his later claims
The BIA
Board of immigration appeals
Appeal to BIA
BIA issues two crime related decisions
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, Motion to Reopen with the BIA | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Ninth Circuit decisions and those of other circuits provided petitioner, who claimed that ineffective assistance of counsel occurred after a final order of removal had been entered, with fair notice and the ability to anticipate that the Board of Immigration Appeals might have jurisdiction over his claim. District court did not err in dismissing habeas corpus petition for failure to satisfy prudential requirement that petitioner exhaust administrative remedies. Singh v. Napolitano – filed August 23, 2010
BIA Just a stepping stone
BIA appealing
The BIA ruling
BIA decisions
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, BIA Pro Bono Project, board immigration appeals, board of immigration appeal, board of immigration appeals, board of labor certification appeals, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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