Posted on September 22, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on September 21, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In an unpublished decision, the BIA found that as the minor derivative of her mother’s application, the respondent did not receive the necessary advisals, and held that the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 »
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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)
33.767524
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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
33.767524
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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 »
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