Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review, holding that the petitioner was entitled to equitable tolling of his untimely motion to reopen, because his lawyer’s advice to pursue a form of immigration relief for which the petitioner was statutorily ineligible constituted ineffective assistance of counsel. The court remanded to the Board of Immigration Appeals (BIA) with instructions to grant the petitioner’s motion to reopen
BIA rules on adverse credibility findings based on fraudulent documents
Board of immigration appeals
Motion to reopen with the 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, board of immigration appeals, iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assistance of counsel, motion to reopen, Motion to Reopen with the BIA, MTR | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of D-M-C-P, 26 I&N Dec. 644 (BIA 2015)
(1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
(2) It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.
BIA rules on expert testimony and factual findings
BIA pro bono project
Board of immigration appeals
BIA issues two crime related decisions
Filed under: BIA | Tagged: #bia, appeal to bia, asylum, BIA, bia board of immigration appeals, BIA Pro Bono Project, biometrics information, IJ, Immigration, Immigration Attorney, Immigration Judges, Immigration Lawyer, Motion to Reopen with the BIA | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit vacated the Board of Immigration Appeals’ order denying the petitioner’s asylum claim and remanded for reconsideration of the credibility determination, finding that purported omissions and discrepancies upon which the Immigration Judge based an adverse credibility determination were consistently present in the record.
Filed under: Immigration Attorney | Tagged: Adverse Credibility, asylum, BIA, board of immigration appeals, first cirucit, Immigration Judges | Leave a comment »
Posted on August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA sustained the respondent’s appeal and remanded, holding that a notice to appear (NTA) that was served but never resulted in removal proceedings does not have “stop-time” effect for purposes of establishing eligibility for cancellation of removal pursuant to section 240A(d)(1) of the Immigration and Nationality Act.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, notice to appear, NTA, Stop-Time Rule | Leave a comment »
Posted on July 13, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
n a precedent decision, the Board of Immigration Appeals (BIA) held that the beneficiary of a visa petition who was adopted pursuant to a state court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an adopted child under INA §101(b)(1)(E)(i), so long as the adoption petition was filed before the beneficiary’s 16th birthday, and the state in which the adoption was entered expressly permits an adoption decree to be dated retroactively.
Filed under: Immigration Attorney | Tagged: Adoption, adoption petition, BIA, board of immigration appeals, decree of adoption, retroactive date of adoption | Leave a comment »
Posted on July 13, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the Board of Immigration Appeals (BIA) held that the beneficiary of a visa petition who was adopted pursuant to a state court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an adopted child under INA §101(b)(1)(E)(i), so long as the adoption petition was filed before the beneficiary’s 16th birthday, and the state in which the adoption was entered expressly permits an adoption decree to be dated retroactively.
Immigration benefits background check systems
Immigration benefits
IBBCS
The US will extend immigration benefits
Filed under: Immigration Benefits Background Check Systems (IBBCS) | Tagged: Adoption, adoption petition, BIA, board of immigration appeals, decree of adoption, retroactive date of adoption | Leave a comment »
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.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, EOIR | Leave a comment »
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 June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Client’s case was denied by the Immigration Judge and the Board of Immigration Appeals and prior to retaining our office. Once retained, we filed an appeal with the 9th Circuit and were able to have her case administratively closed so that she could apply for her green card based on her marriage to a US citizen.
Filed under: Immigration Attorney | Tagged: Appeal, BIA, board of immigration appeals, circuit court of appeals, Petition for Review | 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 »
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