Posted on February 19, 2021 by sethlerner1964
the BIA ruled that if an NTA fails to specify the time/place of an initial removal hearing, a subsequent NTA with the information perfects the deficient NTA and ends the accrual of physical presence for purposes of voluntary departure. Additionally, last week, the BIA ruled that §58-37-8(2)(a)(i) of the Utah Code, which criminalizes possession of a controlled substance, is divisible with respect to the specific “controlled substance” involved in a violation of that statute.
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https://californiaimmigration.us/losing-at-the-immigration-court-is-not-the-end-get-a-long-beach-deportation-lawyer-to-appeal-to-the-board-of-immigration-appeals/
Filed under: court cases | Tagged: BIA, board of immigration appeals, defective nta | Leave a comment »
Posted on February 5, 2021 by sethlerner1964
Posted on January 24, 2021 by sethlerner1964
Posted on January 14, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA ruled that a conviction for child neglect in the second degree under §163.545(1) of the Oregon Revised Statutes is categorically a “crime of child abuse, child neglect, or child abandonment” under INA §237(a)(2)(E)(i).
Filed under: child neglect, Uncategorized | Tagged: aggravated felony, BIA, board of immigration appeals, child abuse, ina 237 | Leave a comment »
Posted on January 14, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
9th Circuit Court
The Ninth Circuit issued an order granting the petitioner’s unopposed motion to vacate the BIA’s decision in Matter of E—R—A—L—, which pertains to establishing a particular social group based on landownership, and granted the government’s motion to remand to the BIA for further proceedings.
Filed under: BIA, Uncategorized | Tagged: asylum, BIA, board of immigration appeals, Particular Social Group | Leave a comment »
Posted on December 22, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA ruled that expert testimony is evidence, but only an immigration judge makes factual findings, and that when a factual finding is inconsistent with an expert’s opinion, judges should explain the reasons behind the factual findings.
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Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA ruled that, when there is probative evidence that a beneficiary’s prior marriage was fraudulent and entered into to evade immigration laws, a subsequent visa petition filed on the beneficiary’s behalf is properly denied under §204(c) of the INA.
Filed under: best deportation attorney | Tagged: BIA, marriage based visa petition, marriage fraud | Leave a comment »
Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
AG Barr issued a decision that unwound a Board of Immigration Appeals (BIA) ruling that allowed persecutors to apply for asylum if they could prove they were forced into their bad acts, saying past and present legislation clashed with the exception. This decision eliminated a narrow crack in the “persecutor bar,” which prevents anyone who has participated in the victimization of individuals from seeking asylum in the U.S. This decision vacated a June 2018 order from a split BIA panel, and shifted the burden of proof from DHS to asylum-seekers.
Filed under: best deportation attorney | Tagged: ag, asylum, barr, BIA, census, illegal immigrants, immigrants | Leave a comment »
Posted on November 18, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA ruled that, absent ineffective assistance of counsel or a showing undermining the validity and finality of the finding, it is inappropriate for the Board to exercise its discretion to reopen a case and vacate an immigration judge’s (IJ) frivolousness finding.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, ineffective assistance of councel, vacate ij rule | Leave a comment »
Posted on October 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA ruled that, if a criminal conviction was charged as a ground of removability when cancellation of removal was granted, that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings.
Filed under: best deportation attorney | Tagged: BIA, Cancellation of Removal, prior criminal offense | Leave a comment »
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