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Court Finds Petitioner Who Voluntary Departed the U.S. Under Threat of Deportation Is Not Eligible for Cancellation of Removal

The Eighth Circuit denied the petition for review, holding that a failure to satisfy the warning requirements of 8 CFR §240.25 does not preclude a finding of voluntary departure under threat of deportation sufficient to break the 10-year period of continuous presence required to be eligible for cancellation of removal. The court thus found that the petitioner was not eligible for cancellation of removal under INA §240A(b), because he voluntary departed the United States under a threat of deportation in March 2001, thus breaking his continuous presence in the country.

CA9 Finds Substantial Evidence Supported BIA’s Finding That Petitioner Was a “Habitual Drunkard”

The en banc court denied the petition for review, concluding that the petitioner was ineligible for cancellation of removal on the ground that he failed to establish good moral character because, during the requisite period, he had been a “habitual drunkard.” The court further held that the term “habitual drunkard” was not unconstitutionally vague, because it readily lends itself to an objective factual inquiry.

Cancellation of Removal Granted for our Law Office

Cancellation of removal granted for lawful permanent resident with several convictions, including fraud and drug convictions.  Client can now apply for U.S. citizenship after living in the U.S for nearly 30 years.

Another Win after 8 years: Cancellation of Removal Granted

After 8 years in court, cancellation of removal application granted for lawful permanent resident who had several DUIs, a harassment conviction and a grand theft auto conviction.

Another win for Brian D. Lerner in Immigration Court

Application for Cancellation of Removal granted for lawful permanent resident with nearly 30 years in the U.S. and a disabled daughter but with a conviction for possession of a controlled substance from 2006, an outstanding warrant for 10 years and an arrest for alien smuggling.

Cancellation of Removal Granted

Cancellation of Removal application approved for 20-year-old client with a federal felony conviction for manufacturing explosives materials.  Our office was able to reach an agreement with the Department of Homeland Security and our client’s application was approved without the need for any testimony and Client was released from custody after only two hearings, just in time for the holidays.

Got Voluntary Departure? Case just ruled it does NOT break continuous presence for Cancellation

Matter of CASTREJON-COLINO, 26 I&N Dec. 667 (BIA 2015)
(1) Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien’s continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(A) (2012), in the absence of evidence that he or she was informed of and waived the right to such a hearing. Matter of Avilez, 23 I&N Dec. 799 (BIA 2005), clarified.
(2) Evidence that an alien who had the right to a hearing before an Immigration Judge was fingerprinted and/or photographed before being allowed to voluntarily depart is not enough, in itself, to demonstrate a waiver of the right to a hearing or to show a process of sufficient formality to break continuous physical presence.
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