Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review of the BIA decision, finding the petitioner ineligible for cancellation of removal or voluntary departure because he lacked good moral character as a “habitual drunkard.” The court remanded, holding that the petitioner could bring an equal protection challenge because there is no rational basis to classify persons afflicted by chronic alcoholism as innately lacking good moral character.
https://cbocalbos.wordpress.com/tag/9th-circuit/
https://cbocalbos.wordpress.com/tag/9th-circuit-court-of-appeals/
https://cbocalbos.wordpress.com/tag/petition-for-review-to-9th-circuit-court-of-appeal/
https://californiaimmigration.us/9th-circuit-case-gran/
Filed under: Immigration Attorney | Tagged: 9th circuit, BIA, GMC, habitual drunkard, Lack of good moral character | 1 Comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit concluded that the BIA abused its discretion when it found that the circumstances attendant to the entry of an in absentia removal order against a young undocumented immigrant who was ill-served by two attorneys were not exceptional. Accordingly, the court remanded to the BIA with instructions to set aside the in absentia removal order and reopen the petitioner’s removal proceedings.
https://cbocalbos.wordpress.com/tag/expedited-removal/
https://cbocalbos.wordpress.com/tag/removal/
https://cbocalbos.wordpress.com/tag/removal-of-the-conditional-residence/
https://californiaimmigration.us/removal/
Filed under: Removal | Tagged: abuse of discretion, BIA, iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assitance of oucel, Removal | Leave a comment »
Posted on September 30, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that a noncitizen seeking to acquire lawful permanent resident status through the legalization provisions of INA §245A must establish admissibility at the time of adjustment of status under §245A(b)(1). The BIA also held that a noncitizen who was inadmissible at the time of adjustment of status from temporary resident to permanent resident under INA §245A(b)(1) was not lawfully admitted for permanent residence, and is therefore ineligible for a waiver of inadmissibility under former INA §212(c).
https://cbocalbos.wordpress.com/tag/ina-%c2%a7245a/
https://cbocalbos.wordpress.com/tag/245a/
https://cbocalbos.wordpress.com/tag/adjustment-of-status/
https://californiaimmigration.us/adjustment-granted-in-court-after-4-years-of-waiting/
Filed under: Immigration Attorney | Tagged: 245A, Adjustment of Status, AOS, BIA, legalization | Leave a comment »
Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that direct sibling-to-sibling DNA test results reflecting a 99.5 percent degree of certainty or higher that a full sibling biological relationship exists should be accepted and considered to be probative evidence of the relationship.
https://cbocalbos.wordpress.com/tag/dna-testing/
https://cbocalbos.wordpress.com/tag/dna/
https://cbocalbos.wordpress.com/tag/family-relationship/
https://californiaimmigration.us/visas/u-1-visa-for-victims-of-crime/
Filed under: Immigration Attorney | Tagged: BIA, dna, family relationship | Leave a comment »
Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit upheld the BIA’s finding that the petitioner failed to meet his burden of proving that his state court conviction for theft in the fourth degree, a crime involving moral turpitude, was vacated for a substantive or procedural reason and not for immigration purposes. The court also found that the IJ did not err when it pretermitted petitioner’s application for cancellation of removal on the grounds that he was convicted of a crime of moral turpitude, even though he was never admitted to the United States.
https://cbocalbos.wordpress.com/tag/conviction/
https://cbocalbos.wordpress.com/tag/drug-conviction/
https://cbocalbos.wordpress.com/tag/aliens-conviction/
https://californiaimmigration.us/los-angeles-deportation-law-firm/relief-from-conflicts/
Filed under: Immigration Attorney | Tagged: BIA, conviction, criminal relief, vacated | 1 Comment »
Posted on September 22, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit denied the petition for review, finding that substantial evidence supported the IJ’s finding that the petitioner committed marriage fraud, and thus, that he was ineligible for adjustment of status under INA §212(a)(6)(C)(i). The court also found that the IJ did not commit any legal or constitutional error in exercising discretion to deny adjustment of status.
https://cbocalbos.wordpress.com/tag/212a6/
https://cbocalbos.wordpress.com/tag/aos/
https://cbocalbos.wordpress.com/tag/petitioner-ineligible-for-aos-for-presenting-us-birth-certificate-and-continuous-physical-presenc/
https://californiaimmigration.us/political-asylum/present-case/
Filed under: Immigration Attorney | Tagged: 212(a)(6), adjustment, AOS, BIA, board of immigration appeals, bona fide marriage, marriage fraud | 2 Comments »
Posted on September 22, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded to the BIA, holding that the petitioners could establish a legitimate reliance interest on pre-Briones law by showing that they incurred legal expenses pursuing adjustment of status during the 21-month period between Acosta v. Gonzales and Matter of Briones. Because the record did not reflect the amount of the expenses the petitioners incurred during the relevant period, the court remanded to the BIA with instructions to allow the petitioners to supplement the record, and to assess in the first instance under Garfias-Rodriguez v. Holder whether Briones may be applied retroactively in this case.
Filed under: Immigration Attorney | Tagged: acosta, BIA, briones, garfias, retroactive | 2 Comments »
Posted on September 20, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit found that 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, is reasonable, and entitled to deference under Chevron. Accordingly, the court affirmed the BIA’s conclusion that it could not consider the petitioner’s application for asylum in light of his reinstated removal order. The court remanded for the BIA to reconsider the petitioner’s applications for withholding of removal and protection under the Convention Against Torture (CAT) in light of intervening circuit precedent inHenriquez-Rivas v. Holder and Madrigal v. Holder.
https://cbocalbos.wordpress.com/tag/asylum/
https://cbocalbos.wordpress.com/tag/asylum-attorney/
https://cbocalbos.wordpress.com/tag/asylum-application/
https://californiaimmigration.us/political-asylum/refugee-processing/
Filed under: Immigration Attorney | Tagged: asylum, BIA, CAT, Convention Against Torture, reinstated removal order | Leave a comment »
Posted on August 18, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit held that the BIA’s decision declining to certify the petitioner’s untimely appeal of his removal order was a discretionary determination and, accordingly, was not subject to judicial review.
Filed under: Immigration Attorney | Tagged: Appeal, BIA, board of immigration appeal, order of removal | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 