Video: Why the BIA’s 212(c) ruling did not stand up to muster at the U.S. Supreme Court – Avvo.com http://ping.fm/WTdGE
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The Supreme Court strikes down the BIA 212(c) ruling of ‘comparable ground of excludability’ – Avvo.com http://ping.fm/UYQKN
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Video: What is the legal basis the Supreme Court used to rule why the BIA’s 212(c) ruling was arbitrary – Avvo.com http://ping.fm/a43lH
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https://californiaimmigration.us/circuit-court-of-appeal-reverses-bia-denial-of-asylum/
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Video: The new Supreme Court case rules that the BIA rule under 212(c) is arbitrary and capricious – Avvo.com http://ping.fm/Z5966
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The Board found that any period of continuous residence or continuous physical presence ends upon service of an NTA on the alien, even if the NTA does not include the date and time of the initial hearing.
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Filed under: BIA | Tagged: Atty.Brian D. Lerner, BIA, continuous residence, Immigration Lawyer, NTA, Stop-Time Rule | Leave a comment »
The Board found the respondent was admitted to the U.S. when he adjusted status under the Cuban Adjustment Act, and was thus subject to removal under INA § 237(a) following a drug trafficking conviction.
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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.
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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.
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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 »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 