The BIA sustained the respondent’s appeal and remanded, holding that a notice to appear (NTA) that was served but never resulted in removal proceedings does not have “stop-time” effect for purposes of establishing eligibility for cancellation of removal pursuant to section 240A(d)(1) of the Immigration and Nationality Act.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, notice to appear, NTA, Stop-Time Rule | Leave a comment »
Immigration benefits background check systems
The US will extend immigration benefits
Filed under: Immigration Benefits Background Check Systems (IBBCS) | Tagged: Adoption, adoption petition, BIA, board of immigration appeals, decree of adoption, retroactive date of adoption | Leave a comment »
n 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.
Filed under: Immigration Attorney | Tagged: Adoption, adoption petition, BIA, board of immigration appeals, decree of adoption, retroactive date of adoption | Leave a comment »
BIA Deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, EOIR, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA | Leave a comment »
EOIR issued an interim rule with a request for comments amending the DOJ regulations relating to the Board of Immigration Appeals (BIA) by adding two Board member positions, expanding the BIA to 17 members. This rule is effective today. Comments must be submitted by August 3, 2015.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, EOIR | Leave a comment »
Filed under: Adjustment of Status | Tagged: adjusment of status, Adjustment of Status, AOS, appeal to bia, board of immigration appeals, immigration win, Petition for Review, petition for review to 9th circuit court of appeal, Remand | 2 Comments »
Green card application granted for client who is married to a US citizen but had a deportation order from 1995. Client had two motions to reopen denied by the Immigration Court and his appeal was denied by the BIA. However, once at the 9th Circuit Court of Appeal, the Department of Homeland Security agreed remand and terminate his case so that he could apply for adjustment of status with USCIS. 20 years later, he is now a lawful permanent resident of the United States.
Filed under: Immigration Attorney | Tagged: appeal to bia, board of immigration appeals, immigration win, Petition for Review, petition for review to 9th circuit court of appeal, Remand | 2 Comments »
Client’s case was denied by the Immigration Judge and the Board of Immigration Appeals and prior to retaining our office. Once retained, we filed an appeal with the 9th Circuit and were able to have her case administratively closed so that she could apply for her green card based on her marriage to a US citizen.
Filed under: Immigration Attorney | Tagged: Appeal, BIA, board of immigration appeals, circuit court of appeals, Petition for Review | Leave a comment »
In a precedent decision issued yesterday, the BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 USC §611(a) is removableunder section 237(a)(6)(A) of the INA, regardless of whether the respondent knew that he or she was committing an unlawful act by voting. The BIA reasoned that because the respondent, an LPR who had disclosed during a naturalization interview that she had voted in an election in 2006 that included a local school board race, had intentionally voted in an election involving candidates for federal office, the general intent requirement of §611(a) was satisfied.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, removability from voting, unlawful voting | Leave a comment »
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA, removability from voting, unlawful voting | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 