Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA clarified Matter of Vo, holding that, within the jurisdiction of the Ninth Circuit, a returning lawful permanent resident (LPR) who has a felony conviction for solicitation to possess marijuana for sale is an arriving alien who is inadmissible under INA §212(a)(2)(A)(i)(I) for having committed a crime of moral turpitude (CIMT), even though that section of the INA refers only to attempt and conspiracy to commit a CIMT.
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, ;bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, cimt, crime of moral turpitude, Motion to Reopen with the BIA, possesion of marijuuana | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that the crime of endangering the welfare of a child in violation of §260.10(1) of the New York Penal Law, which requires knowingly acting in a manner likely to be injurious to the physical, mental, or moral welfare of a child, is categorically a “crime of child abuse, child neglect, or child abandonment” under INA §237(a)(2)(E)(i).
Board of immigration appeals
Appeal to BIA
BIA and immigration
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, categorical analysis, child abuse, cmt, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
After referring Matter of Chairez and Matter of Sama to herself for review of an issue relating to Descamps v. United States, and after inviting amicus briefs addressing the proper approach for determining “divisibility” within the meaning of Descamps, the Attorney General (AG) lifted the stay and remanded the two cases to the BIA for any appropriate action in light of the U.S. Supreme Court’s June 23, 2016, decision in Mathis v. United States.
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https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/
Filed under: Matter of Chairez and Matter of Sama | Tagged: BIA, bia board of immigration appeals, categorical approach, chairez, descamps, devisibility, Immigration, Immigration Attorney, Immigration Lawyer, mathis, sama | Leave a comment »
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.
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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.
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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).
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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.
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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.
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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.
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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 »
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