The First Circuit upheld the Board of Immigration Appeals, holding that the plain language of INA §101(a)(43) compels the conclusion that a predicate conviction under federal or state law can constitute an aggravated felony even if the petitioner served no term of imprisonment for that crime.
Filed under: Immigration Attorney | Tagged: aggravated felony, BIA, board of immigration appeals, first ciruit, ina 101(a)(43), jail, prison term | Leave a comment »
Get a California deportation attorney to help you file asylum
Filed under: asylum | Tagged: Adverse Credibility, asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence.
Filed under: Immigration Attorney | Tagged: Adverse Credibility, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
In a precedent decision issued, the Board of Immigration Appeals (BIA) held that, in making an adverse credibility determination, an Immigration Judge (IJ) can consider significant similarities between statements submitted by different applicants in different proceedings, as long as the IJ gives the applicant meaningful notice of the similarities and a reasonable opportunity to explain them prior to making a credibility determination that is based on the totality of the circumstances.
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In a precedent decision, the Board of Immigration Appeals (BIA) held that the beneficiary of a visa petition who was adopted pursuant to a state court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an adopted child under INA §101(b)(1)(E)(i), so long as the adoption petition was filed before the beneficiary’s 16th birthday, and the state in which the adoption was entered expressly permits an adoption decree to be dated retroactively.
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Filed under: Adoption | Tagged: 16 years old, Adoption, adoption petition, BIA, board of immigration appeals, Immigration, Immigration Attorney, Immigration Lawyer, retroactive date | Leave a comment »
In a precedent decision, the Board of Immigration Appeals (BIA) found that Immigration Judges (IJs) must notify asylum applicants of the biometrics requirements, the deadline for complying with the requirements, and the consequences of noncompliance. The BIA also held that neither IJs nor the BIA has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
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Filed under: asylum | Tagged: asylum, BIA, biometrics information, IJ, Immigration, Immigration Attorney, Immigration Judge, Immigration Lawyer | Leave a comment »
BIA rules on adverse credibility findings based on fraudulent documents
BIA issues two crime related decisions
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assistance of counsel, motion to reopen, Motion to Reopen with the BIA, MTR | Leave a comment »
The Ninth Circuit granted the petition for review, holding that the petitioner was entitled to equitable tolling of his untimely motion to reopen, because his lawyer’s advice to pursue a form of immigration relief for which the petitioner was statutorily ineligible constituted ineffective assistance of counsel. The court remanded to the Board of Immigration Appeals (BIA) with instructions to grant the petitioner’s motion to reopen.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, iac, ineffective assistance of counsel, motion to reopen, MTR | Leave a comment »
(1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
(2) It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.
BIA rules on expert testimony and factual findings
BIA issues two crime related decisions
Filed under: BIA | Tagged: #bia, appeal to bia, asylum, BIA, bia board of immigration appeals, BIA Pro Bono Project, biometrics information, IJ, Immigration, Immigration Attorney, Immigration Judges, Immigration Lawyer, Motion to Reopen with the BIA | Leave a comment »
The First Circuit vacated the Board of Immigration Appeals’ order denying the petitioner’s asylum claim and remanded for reconsideration of the credibility determination, finding that purported omissions and discrepancies upon which the Immigration Judge based an adverse credibility determination were consistently present in the record.
Filed under: Immigration Attorney | Tagged: Adverse Credibility, asylum, BIA, board of immigration appeals, first cirucit, Immigration Judges | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 