Posted on July 1, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA found that where an individual has been convicted of violating a state drug statute that includes a controlled substance that is not on the federal controlled substances schedules, the individual must establish a realistic probability that the state would actually apply the language of the statute to prosecute conduct involving that substance in order to avoid the immigration consequences of such a conviction.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, drug offense, reasonable probability | Leave a comment »
Posted on July 1, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fourth Circuit vacated the denial of the petitioner’s asylum and withholding of removal claims, reversed the BIA’s determination that the petitioner had failed to establish the required nexus between her persecution and her proposed protected statuses—that is, her membership in the particular social group of unmarried mothers living under the control of gangs in Honduras and her imputed political opinion—and remanded.
Filed under: best deportation attorney | Tagged: asylum, BIA, board immigration appeal, withholding of removal | Leave a comment »
Posted on April 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit remanded for the BIA to explain why it denied the petitioner’s motion to reopen and reconsider after the petitioner had provided proof of his filing of a U visa application, when Matter of Sanchez-Sosa suggests that a completed application weighs in favor of pausing the removal process to await adjudication of the U visa.
Filed under: best deportation attorney | Tagged: 89th circuit, 8th circuit (above), BIA, board of immigration appeals, eighth circuit, Immigration Court | Leave a comment »
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 »
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