The court found jurisdiction to review the BIA’s order remanding for a grant of voluntary departure, but prudentially declined to exercise jurisdiction in light of Dada and 8 CFR §1240.26(b)(1)(i)(D).
Filed under: Immigration Attorney | Tagged: 8 CFR §1240.26(b)(1)(i)(D), Atty.Brian D. Lerner, BIA, CA4, Immigration Lawyer, Voluntary Departure | Leave a comment »
The BIA found exceptional circumstances to permit respondent’s late-filed asylum application, reversed the IJ’s finding that DHS rebutted the well-founded fear presumption, and found that the IJ failed to follow Matter of A-T-.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, DHS, FGM Asylum Claim, Immigration Lawyer | Leave a comment »
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 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: BIA | Tagged: #bia, appeal to bia, Atty.Brian D. Lerner, BIA, bia board of immigration appeals, BIA Pro Bono Project, CA6, IJ, Immigration Lawyer, medical document, Motion to Reopen with the BIA, 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://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 »
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