The court found that INA §242(a)(2)(B)(ii) and INA §216(c)(4) deprive it of jurisdiction to review the BIA’s credibility determination or its weighing of the evidence found to be credible in a conditional residence waiver case.
Filed under: BIA, Immigration Attorney, Immigration Lawyer, INA §216(c)(4), INA §242(a)(2)(B)(ii) | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, INA §216(c)(4), INA §242(a)(2)(B)(ii), Law Offices of Brian D. Lerner | Leave a comment »
As a matter of first impression, the court held that the IJ’s jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. (Fernandes v. Holder, 8/20/10)
Filed under: BIA, Credibility of Remand, Immigration Attorney, Immigration Judges, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Credibility of Remand, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
The BIA reinstated proceedings, finding that respondent was protected from execution of a removal order during the time her Temporary Protected Status (TPS) was valid, but she remained removable based on the charge of inadmissibility in the NTA. Matter of Sosa Ventura 25 I&N Dec. 391 (BIA 2010).
Filed under: BIA, Immigration Attorney, Immigration Lawyer, Removal Proceedings, Temporary Protected Status (TPS), USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Removal Proceedings, Temporary Protected Status (TPS) | Leave a comment »
The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)
Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Motion to Reopen (MTR) | Leave a comment »
The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)
Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Motion to Reopen (MTR) | Leave a comment »
The court found that the BIA erred in holding that aliens seeking discretionary relief can effectively never demonstrate exceptional circumstances for reopening an in absentia order, and adopted a totality of the circumstances approach. (Vukmirovic v. Holder, 9/8/10)
Filed under: BIA, Immigration Attorney, Immigration Lawyer, Reopening an in absentia order, USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Reopening an in absentia order, USCIS | Leave a comment »
The BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Matter of Legaspi 25 I&N Dec. 328 (BIA 2010).
Filed under: BIA, Grandfathered for 245(i), Immigration Attorney, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Grandfathered for 245(i), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
The court held that the BIA interpretation of §1003.(d)(3) in In re A-S-B- cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)
Filed under: asylum, BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: asylum, BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
The court held that the IJ and BIA did not err in determining that the immigration judge lacked jurisdiction to review DHS’ termination of Petitioner’s asylum status. (Bhargava v. Holder, 7/1/10)
Filed under: BIA, Department of Homeland Security (DHS), Immigration Attorney, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, DHS, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
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