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 »
Posted on June 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable.1:39 AM
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, criminal grounds of inadmissibility, disqualifying confiction, NACARA, Nicaragua | 1 Comment »
Posted on June 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group.
Filed under: best deportation attorney | Tagged: asylum, BIA, board of immigration appeal, firth circuit, Past Persecution, Social Group | Leave a comment »
Posted on May 22, 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.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, immigration crime, prostitution | Leave a comment »
Posted on May 16, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On three BIA decisions that the Attorney General has referred to himself for review, as well as a proposal in DOJ’s spring 2018 regulatory agenda that could widen the Attorney General’s power over the immigration court system
Filed under: best deportation attorney | Tagged: attorney general, BIA, jeff sessions | Leave a comment »
Posted on April 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA sustained the respondent’s appeal and remanded the case to the immigration judge for further proceedings, stating that its holding in Matter of Pickering, regarding the validity of vacated convictions for immigration purposes, is reaffirmed, and the decision is modified to give it nationwide application.
Filed under: best deportation attorney | Tagged: BIA, pickering, vacated conviction | Leave a comment »
Posted on January 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Declining to follow the Ninth Circuit’s ruling in Bravo-Pedroza v. Gonzales, the BIA held that DHS is not precluded by res judicata from initiating a separate proceeding to remove a foreign national as one convicted of an aggravated felony burglary offense under INA §101(a)(43)(G), based on the same conviction that supported a crime of violence aggravated felony charge under §101(a)(43)(F) in the prior proceeding.
Filed under: best deportation attorney | Tagged: BIA, burglary, crime of violence, ninth circuit | Leave a comment »
Posted on January 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Calderon-Rodriguez v. Sessions, the Ninth Circuit granted the petition for review, finding that the BIA abused its discretion in affirming the immigration judge’s evaluation of the respondent’s mental competency by failing to recognize that the medical record relied upon was nearly a year old and by departing from the standards set out for competency determinations in Matter of M-A-M-.
Filed under: best deportation attorney | Tagged: BIA, board immigration appeals, mental competancy | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 