http://www.californiaimmigration.us
The court reversed the decision of the IJ and BIA, holding that a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted or waived.
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Filed under: BIA | Tagged: BIA, bia board of immigration appeals, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
The BIA found the respondent eligible for asylum, noting the compelling reasons respondent is unwilling to return to Senegal based on past female genital mutilation (FGM) irrespective of whether she has a well-founded fear of future persecution.
Filed under: BIA | Tagged: asylum, Asylum Application, asylum attorney, BIA, board of immigration appeals, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
BIA Finds IJ Confused Refugee and Asylum Rules in Derivative Claim http://ow.ly/s1Gut
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https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/
Filed under: BIA | Tagged: asylum, Asylum Application, asylum attorney, BIA, bia board of immigration appeals, Immigration Attorney, Immigration Lawyer | Leave a comment »
The BIA Overturned! The evidence was not properly considered http://ow.ly/rPiEQ
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Immigration Attorney, Motion to Reopen with the BIA | Leave a comment »
Can I appeal this horrible decision?
Question: I lost at the immigration Court level. Can I appeal?
Answer: Yes, you can appeal. You can appeal it to the Board of Immigration Appeals in Virginia.
Question: When do I appeal and what happens if I don’t appeal on time?
Answer: You must appeal to the BIA within the 30 days after the decision by the Immigration Judge. That means that the Notice of Appeal must be physically at the Board of Immigration Appeals by the deadline. If it is 5 minutes late, it will be rejected and returned. Your appeal will be over and you will likely have a deportation order and be physically deported from the United States. Clearly, it would be in your interest to make sure the Notice of Appeal is timely filed.
Question: What happens if I just found out about doing the appeal and it is due tomorrow and I can’t even have time to send it to Virginia on time?
Answer: There is actually a company in Virginia that you can send the Notice of Appeal up until 10:00 a.m the day that it is due. They will then physically go to the Board of Immigration Appeals and file the Notice of Appeal. It is not cheap, but it saves the appeal at the last minute. It is well worth the price if you are in that unfortunate situation.
Question: Do I have to do the Opening Brief when I send in the Notice of Appeal?
Answer: No. You will get a notice from the BIA as to when it is due. You will have considerable time to have it properly prepared and to develop your arguments and to make your case. Once the Opening Brief is submitted, you will then receive the reply brief from the Government. They will argue as to why the appeal should be denied and why the Government made the correct decision. Afterwards, you will have about 14 days to submit the reasons you believe the reply brief is incorrect and what points need to be made. Afterwards, the BIA will make a decision on your case.
Question: Should I have an attorney help me?
Answer: It would most definitely be in your best interest. Appeals are won and lost on the legal points that are made. They are not won by simply rehashing the facts. If you want any real chance of winning, you should not only hire an attorney, but one that specialized in Immigration Laws, has years of experience doing appeals and knows the immigration laws backwards and forwards.
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Filed under: Appeal | Tagged: Appeal, BIA, board of immigration appeals, Brian D. Lerner, brian lerner, california immigration, californiaimmigration.us, deportation attorney, deportation lawyer, eimmigration.org, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles immigration, los angeles immigration attorney | Leave a comment »
In a case on remand from the Eighth Circuit, the Board found that further fact-finding may be necessary to determine whether the Albanian respondent should be granted humanitarian asylum based on past persecution and remanded to the IJ.
https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
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Filed under: Immigration Attorney | Tagged: Albanian, Atty.Brian D. Lerner, BIA, Humanitarian Asylum, Immigration Attorney, Remand | Leave a comment »
DHS press release outlining Obama administration reforms that would help attract new businesses investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world, including the commitment to attracting and retaining highly-skilled immigrants.
https://travel.state.gov/content/travel/en/us-visas.html
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Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, IJ, Immigration Attorney, Motion for Administrative Closure | Leave a comment »
The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard.
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https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/
Filed under: BIA | Tagged: Applied Wrong Standard, Atty.Brian D. Lerner, BIA, bia board of immigration appeals, BIA Pro Bono Project, Immigration Attorney | Leave a comment »
The Board found that the respondent’s conviction for possession of child pornography was a particularly serious crime based on the nature and specific facts of the offense, making him ineligible for withholding of removal.
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Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, Immigration Lawyer, Possession of Child Pornography, Serious Crime, withholding of removal | Leave a comment »
In an unpublished decision, the BIA found that exceptional and extremely unusual hardship would result to the respondent’s four young children if she was removed, noting the respondent would lose her job and support network and had no savings.
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Filed under: Immigration Attorney, Immigration Lawyer | Tagged: Atty.Brian D. Lerner, BIA, Immigration Lawyer, Mother of Four, Removal | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 