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 removableunder 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.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, removability from voting, unlawful voting | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its holding with that of nine circuit courts who have held that the plain language of §212(h) precludes immigrants from establishing eligibility for relief only if they lawfully entered the U.S. as permanent residents and thereafter committed a removable offense for which a waiver is required.
Appeal to BIA
BIA
Board of immigration appeals
Bia deference given to particulary serious crime
Filed under: BIA | Tagged: 212(h), 212(h) waiver, Adjustment of Status, BIA, board of immigration appeals, waiver, waiver of inadmissibility | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its holding with that of nine circuit courts who have held that the plain language of §212(h) precludes immigrants from establishing eligibility for relief only if they lawfully entered the U.S. as permanent residents and thereafter committed a removable offense for which a waiver is required.
Filed under: Immigration Attorney | Tagged: 212(h), 212(h) waiver, Adjustment of Status, BIA, board of immigration appeals, waiver, waiver of inadmissibility | Leave a comment »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit held that the BIA did not err in concluding that a petitioner cannot establish good moral character if he has been incarcerated for 180 days or more, regardless of the nature of the underlying crime of conviction. The court also upheld the BIA’s interpretation that INA §240A(b)(1) requires the petitioner to establish good moral character during the 10 years immediately preceding the final administrative decision of the IJ or BIA on the petitioner’s application, as opposed to the 10 years preceding service of the NTA.
https://cbocalbos.wordpress.com/tag/bia-2/
https://cbocalbos.wordpress.com/tag/appeal-to-bia/
https://cbocalbos.wordpress.com/tag/bia/
https://californiaimmigration.us/eoir-rescinds-policy-memo-on-case-processing-at-the-bia/
Filed under: BIA | Tagged: BIA, board of immigration appeals, GMC, Good Moral Character, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit remanded, holding that the BIA abused its discretion by ignoring a potentially meritorious argument when deciding on the motion to reopen, and that the BIA should determine if the petitioner’s attorneys incompetently neglected to offer evidence and arguments that might have resolved the inconsistencies identified by the Immigration Judge.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, ineffective assistance of counsel, lozada, Petition for Review | Leave a comment »
Posted on April 1, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the BIA found respondent removable, where killing of civilians and acts of torture occurred during his command of the Salvadoran National Guard, and he interfered with investigations, and failed to hold the perpetrators accountable. Matter of Vides Casanova, 26 I&N Dec. 494 (BIA 2015).
Filed under: Immigration Attorney | Tagged: BIA, El Salvador, killing, Torture | Leave a comment »
Posted on December 3, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the BIA erred in looking outside the record of the conviction to conclude that the petitioner was convicted of spousal abuse under California Penal Code §273.5(a) and remanded for the BIA to consider whether the petitioner is eligible for the petty offense exception under INA §212(a)(2)(A)(ii).
Filed under: Immigration Attorney | Tagged: BIA, crimation, criminal immigration, Immigration Attorney | Leave a comment »
Posted on December 3, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit declined to follow the BIA’s decision in Matter of Yauri, and held that the BIA’s sua sponte authority permits reopening to allow an arriving alien who is under a final order of removal to pursue an adjustment of status application before USCIS.
Filed under: Immigration Attorney | Tagged: BIA, The Ninth Circuit | Leave a comment »
Posted on February 8, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Sixth Circuit reversed the BIA’s holding that the petitioner was bound to the concession of removability made by his prior attorney, reversed the IJ’s finding that the petitioner was removable, and remanded for the BIA to decide whether the offense of felonious assault under Michigan law is a crime involving moral turpitude.
Appeal to BIA
Board of immigration appeals
The court reversed the decision of the IJ and BIA
BIA rules in withholding of removal
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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