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-.
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Posted on October 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BIA just ruled that Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state.
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Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Ninth Circuit decisions and those of other circuits provided petitioner, who claimed that ineffective assistance of counsel occurred after a final order of removal had been entered, with fair notice and the ability to anticipate that the Board of Immigration Appeals might have jurisdiction over his claim. District court did not err in dismissing habeas corpus petition for failure to satisfy prudential requirement that petitioner exhaust administrative remedies. Singh v. Napolitano – filed August 23, 2010
BIA Just a stepping stone
BIA appealing
The BIA ruling
BIA decisions
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