Posted on January 26, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel, and that 8 CFR §1003.1 clearly allows a single member to issue such an opinion. (Ward v. Holder, 1/21/11)
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Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Three (3) Member Panel | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Three (3) Member Panel | Leave a comment »
Posted on January 26, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 5, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)
BIA
denial of bia
immigration attorney
BIA Issues Two Crime Related Decisions
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Filed under: BIA, Couple from Egypt, Immigration Attorney, Immigration Judges, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Couple from Egypt, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | 2 Comments »
Posted on January 4, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court ordered Convention Against Torture (CAT) relief, finding that BIA erred in its denial on the basis that petitioner could avoid torture by ceasing to exercise her political rights and remanded for consideration of her FGM claim as a separate basis for relief. (Edu v. Holder, 10/26/10)
Convention against Torture
torture
Convention Against Torture
Convention Against Torture Granted
33.767524
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Filed under: BIA, Convention Against Torture (CAT), Immigration Attorney, Immigration Law, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Convention Against Torture (CAT), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In order for Petitioner to pursue an argument never presented to the BIA, the BIA must (1) identify a claim not presented by the petitioner; (2) exercise its discretion to entertain it; and (3) decide the matter in a full opinion. (Garcia-Carbajal v. Holder, 11/5/10)
Asylum agreements
biden border agreement
flores settlement agreement
DHS and Seneca Nation of Indians Announce Agreement to Develop Enhanced Tribal Card
33.767524
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Filed under: BIA, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner to pursue an argument never presented to the BIA, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA’s conclusion that proceedings may only be terminated based on the pendency of a naturalization application where DHS makes an affirmative statement of prima facie eligibility is not inconsistent with 8 CFR §1239.2(f). (Barnes v. Holder, 11/10/10)
DHS has Sole Authority on Naturalization Application
Naturalization
naturalization certificate
New Win for the Law Offices of Brian D. Lerner
33.767524
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Filed under: BIA, DHS has Sole Authority on Naturalization Application, Immigration Attorney, Immigration Lawyer, Naturalization, USCIS | Tagged: BIA, Brian D. Lerner, DHS has Sole Authority on Naturalization Application, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Naturalization | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10)
USC Father
BIA
bia board of immigration appeals
Victory for Due Process of Aliens
33.767524
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Filed under: BIA, Immigration Attorney, Immigration Judges, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
Petitioner’s CAT claim
CAT
cats
Victory for Due Process of Aliens
33.767524
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Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BIA held that the “one central reason” standard that applies to asylum applications pursuant to INA §208(b)(1)(B)(i) also applies to applications for withholding of removal under §241(b)(3)(A). Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010).
33.767524
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Filed under: Applications for Withholding of Removal, Asylum Application, BIA, Immigration Attorney, Immigration Lawyer | Tagged: Applications for Withholding of Removal, Asylum Application, BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BIA held that a conviction for a single crime involving moral turpitude that qualifies as a petty offense is not an “offense referred to in section 212(a)(2)” of the INA for purposes of triggering the stop-time rule. Matter of Garcia, 25 I&N Dec. 332 (BIA 2010).
33.767524
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Filed under: BIA, Immigration Attorney, Immigration Lawyer, Single crime involving Moral Turpitude, USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Single crime involving Moral Turpitude | Leave a comment »
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