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CA7 Upholds District Court’s Revocation of Citizenship

Posted on December 22, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court agreed with the district court’s finding that the defendant illegally procured his citizenship, noting he lacked the requisite good moral character due to two controlled substances violations committed during the relevant period.

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CA7 Finds Actual Reliance on §212(c), Remands for Hearing

Posted on December 14, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court refused to apply the repeal of INA §212(c) retroactively to Petitioner, where he demonstrated actual reliance on the availability of a §212(c) waiver by affirmatively abandoning his right to pursue a JRAD.

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CA7 Upholds Denial of Religion-Based MS-13 Claim

Posted on December 2, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found insufficient evidence that MS-13 targeted Petitioner on account of his Christian beliefs, finding instead that the evidence supported the conclusion that the threats were based on his refusal to join the gang.

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CA7 Says No §212(h) Waiver for Conspiracy to Submit False Immigration Documents

Posted on December 1, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that because a conviction for conspiracy to submit false immigration documents, 18 USC §1546, is grounds for removal under INA §237(a)(3), and not INA §237(a)(1), Petitioner is ineligible for a §237(a)(1)(H) waiver.

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CA7 Confirms Lack of Jurisdiction to Review GMC Determination

Posted on November 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that although good moral character is a statutory requirement for cancellation of removal, the decision whether an alien has such character involves the exercise of administrative discretion.

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CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants

Posted on September 28, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate.

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https://californiaimmigration.us/asylum/

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