Posted on October 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for a foreign national’s state offense from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II) to a past conviction for a crime involving moral turpitude “for which a sentence of one year or longer may be imposed.”
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, cimt, cmt, crime involving moral turpitude | Leave a comment »
Posted on September 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA found that a notice to appear that doesn’t specify the time and place of an individual’s initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings and meets the requirements of INA §239(a), so long as a notice of hearing specifying this information is later sent to the individual.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeal, board of immigration appeals, pererira | 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 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 October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary evidence submitted by DHS was sufficient to prove that the marriage was fraudulent under INA §212(a)(6)(C)(i), and therefore that the petitioner was removable pursuant to INA §237(a)(1)(A).
Marriage fraud
Marriage fraud scheme
AOS
Adjustment granted with marriage fraud allegations
Filed under: Marriage Fraud Scheme | Tagged: board of immigration appeals, bona fide marriage, Immigration, Immigration Attorney, Immigration Lawyer, marriage fraud | Leave a comment »
Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary evidence submitted by DHS was sufficient to prove that the marriage was fraudulent under INA §212(a)(6)(C)(i), and therefore that the petitioner was removable pursuant to INA §237(a)(1)(A).
Filed under: best deportation attorney | Tagged: board of immigration appeals, bona fide marriage, marriage fraud | Leave a comment »
Posted on October 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued on September 20, 2017, the BIA held that where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all the other evidence of record and the circumstances of the case, to determine whether the petitioner has submitted sufficient reliable evidence to demonstrate the claimed relationship by a preponderance of the evidence.
Filed under: best deportation attorney | Tagged: BIA, birth certificate, board of immigration appeals, primary evidence, secondary evidence | Leave a comment »
Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.
BIA rules on expert testimony and factual findings
Board of immigration appeals
Motion to reopen with the BIA
BIA remands case back to USCIS
Filed under: BIA | Tagged: #bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Fraud, Immigration, Immigration Attorney, Immigration Lawyer, inadmissibility, material representation, misrepresentation, Motion to Reopen with the BIA, scienter | Leave a comment »
Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, Fraud, inadmissibility, material representation, misrepresentation, scienter | Leave a comment »
Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Clarifying Matter of C-J-H-, the BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. The BIA further held that the restrictions on removal in INA §208(c)(1)(A) do not apply to a noncitizen granted asylum whose status is adjusted to that of a noncitizen lawfully admitted for permanent residence pursuant to INA §209(b).
Filed under: best deportation attorney | Tagged: asylee, asylum, BIA, board of immigration appeals, lawful permanent resident, LPR | Leave a comment »
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