Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a case of first impression, the Ninth Circuit held ineffective assistance certifications are committed to agency discretion by the plain language of 8 CFR §1003.1(c), which contains no standard or meaningful guidance sufficient for judicial review.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, Certification, ineffective assistance of counsel | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
he Sixth Circuit determined the BIA erred in finding new evidence was previously available and that the BIA failed to consider hardship ground raised in the Motion to Reopen, instead offering a cursory analysis that didn’t allow for meaningful review. The court remanded the case to properly apply the law. The court also addressed petitioner’s argument that no jurisdiction was vested in the immigration judge, BIA, or court because the Notice to Appear failed to state the time and place of the hearing, holding that jurisdiction was vested and distinguishing the stop-time rule in Pereira.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, NTA, pererira, Stop-Time Rule | Leave a comment »
Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit found the BIA erred in applying the clear-error standard of review, instead of de novo, to the immigration judge’s denial of the petitioner’s application for a good-faith marriage waiver. The court also held the petitioner abandoned his abuse of discretion claim on the Motion to Reopen denial because he failed to adequately argue it in his brief.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, bona fide marriage, good faith marriage | 1 Comment »
Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA dismissed the appeal and found respondent was inadmissible due to her likelihood of becoming a public charge, stating that even though the respondent divorced, she was required to provide an affidavit of support from her former husband.
Filed under: best deportation attorney | Tagged: Affidavit of Support, BIA, board of immigration appeals, Public Charge | Leave a comment »
Posted on October 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for a foreign national’s state offense from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II) to a past conviction for a crime involving moral turpitude “for which a sentence of one year or longer may be imposed.”
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, cimt, cmt, crime involving moral turpitude | Leave a comment »
Posted on September 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA found that a notice to appear that doesn’t specify the time and place of an individual’s initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings and meets the requirements of INA §239(a), so long as a notice of hearing specifying this information is later sent to the individual.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeal, board of immigration appeals, pererira | Leave a comment »
Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Third Circuit denied the petition for review and accepted the immigration judge and BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable particular social group.
Filed under: best deportation attorney | Tagged: Appeal, asylum, BIA, Social Group, third circuit | Leave a comment »
Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Declining to review the BIA’s denial of the cancellation application, the Ninth Circuit ruled that the petitioner’s guilty plea to the charge of violating a Washington state child assault statute “with sexual motivation” brings the conviction within the definition of the federal offense of sexual abuse of a minor.
Filed under: best deportation attorney | Tagged: aggravated felony, BIA, Cancellation of Removal, charging documents | Leave a comment »
Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eleventh Circuit granted the petition for review and found the BIA erred in concluding that immigration judges (IJs) cannot have concurrent jurisdiction over a waiver of inadmissibility for U visa applicants, stating the BIA did not address or analyze the plain meaning of INA §212(d)(3).
Filed under: best deportation attorney | Tagged: 212(d)(3), BIA, Eleventh Circuit, nonimmigrant waiver, U Visa | Leave a comment »
Posted on June 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA sustained DHS’s appeal and reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaging in, or agreeing to engage in, sexual conduct for anything of value.1:42 AM
Filed under: best deportation attorney | Tagged: aggravated felony, BIA, prostitution | Leave a comment »
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