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.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, CA6, IJ, Immigration Lawyer, medical document, translation | Leave a comment »
The BIA found that third degree attempted arson in violation of NY Pen. Law §§110 and 150.10 is an aggravated felony under INA §101(a)(43)(E)(i), even though it lacks the jurisdictional element in the federal offense.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, Immigration Attorney, INA §101(a)(43)(E)(i), NY | Leave a comment »
The BIA held that the 5-year statute of limitations in §246(a) does not bar removal of an alien admitted on an immigrant visa because that section relates only to rescission of LPR status acquired through adjustment.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, Immigration Attorney, LPR Status | Leave a comment »
The court upheld the BIA’s findings that the Eritrean Liberation Front is a Tier III terrorist organization and that Petitioner engaged in terrorist activities, but finding the possibility of torture more likely than not, granted deferral.
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https://atomic-temporary-10880024.wpcomstaging.com/tag/convention-against-torture-cat/
https://atomic-temporary-10880024.wpcomstaging.com/tag/convention-against-torture/
https://californiaimmigration.us/convention-against-torture-granted/
Filed under: CAT | Tagged: Atty.Brian D. Lerner, BIA, CAT, ELF, Eritrean Liberation Front, Immigration Attorney, Terrorist Organization | Leave a comment »
The BIA held that the IJ should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS.
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https://californiaimmigration.us/clients-i-751-conditional-residence-approved-after-5-years/
Filed under: I-751 | Tagged: Atty.Brian D. Lerner, BIA, I-751, IJ, Immigration Attorney, waiver | Leave a comment »
In an unpublished decision, the BIA found that as the minor derivative of her mother’s application, the respondent did not receive the necessary advisals, and held that the frivolousness finding applicable to her mother should not be applicable to her.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, derivative Child, Immigration Attorney | Leave a comment »
The court remanded, finding the record inconclusive as to how Petitioner violated Cal. Health & Safety Code §11352(a), and that the BIA erred in concluding he had been convicted of an aggravated felony trafficking offense. (Young v. Holder, 1/28/11)
Petitioner: questions and answers
Petitioner to pursue an argument never presented to the BIA
Filed under: Petitioner | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner violated Cal. Health & Safety Code §11352(a) | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 