Posted on December 19, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on December 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on December 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on December 13, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the BIA reasonably interpreted its own regulations in Matter of S-M-J- when ruling asylum applicants can be required to provide reasonably obtainable corroborating evidence even when their testimony is credible.
Filed under: Immigration Attorney | Tagged: Asylum Applicants, Atty.Brian D. Lerner, BIA, CA5, Corroborating Evidence, Immigration Lawyer | Leave a comment »
Posted on December 13, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a unanimous opinion, the Court held that the BIA’s comparable grounds rule, as applied to applications for §212(c) relief in deportation proceedings, is arbitrary and capricious under the Administrative Procedure Act.
Filed under: Immigration Attorney | Tagged: Administrative Procedure Act, Atty.Brian D. Lerner, §212(c), BIA, Immigration Lawyer, SC | Leave a comment »
Posted on December 8, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA held that the continuous residence/presence of an alien applying for cancellation ends under the stop-time rule upon service of an NTA, even if the NTA does not include the date and time of the initial hearing.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, Immigration Lawyer, NTA, Stop-Time Rule | Leave a comment »
Posted on December 8, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA held that to establish that a returning LPR is to be treated as an applicant for admission, the government has the burden of proving by clear and convincing evidence that a §101(a)(13)(C) exceptions applies.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, §101(a)(13)(C), BIA, Burden of Proof, Immigration Lawyer, LPR | Leave a comment »
Posted on December 6, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found jurisdiction to review the BIA’s order remanding for a grant of voluntary departure, but prudentially declined to exercise jurisdiction in light of Dada and 8 CFR §1240.26(b)(1)(i)(D).
Filed under: Immigration Attorney | Tagged: 8 CFR §1240.26(b)(1)(i)(D), Atty.Brian D. Lerner, BIA, CA4, Immigration Lawyer, Voluntary Departure | Leave a comment »
Posted on December 1, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA found exceptional circumstances to permit respondent’s late-filed asylum application, reversed the IJ’s finding that DHS rebutted the well-founded fear presumption, and found that the IJ failed to follow Matter of A-T-.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, DHS, FGM Asylum Claim, Immigration Lawyer | Leave a comment »
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.
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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 »
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