Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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
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Filed under: removal order | Tagged: c/r, Cancellation of Removal, Drug Conviction, Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »
Posted on September 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on April 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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Posted on January 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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Filed under: Cancellation of Removal | Tagged: cancellation, cancellation for removal, Cancellation of Removal, criminal history, removability, Removal, removal order, removal orders, Removal Proceedings, special cancellation of removal | Leave a comment »
Posted on January 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: Immigration Attorney | Tagged: cancellation, Cancellation of Removal, criminal history | Leave a comment »
Posted on November 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: Cancellation of Removal | Tagged: Cancellation of Removal, Deportation, deportation proceedings, physical presence, Removal, vd, Voluntary Departure | Leave a comment »
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, the BIA issued two precedent decisions addressing the issue of whether evidence that photographs and fingerprints were taken in conjunction with a noncitizen’s voluntary departure or return constitutes a formal, documented process sufficient to break continuous physical presence for purposes of establishing eligibility for cancellation of removal, where the noncitizen had the right to appear before an Immigration Judge but was not informed of that right. In the first decision, the BIA held that such evidence was not sufficient, in the absence of evidence that the noncitizen was informed of and waived the right to a hearing. In the second decision, the BIA found that this rule applies regardless of whether the encounter in which the noncitizen was photographed and fingerprinted occurred at or near the border.
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Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the Board of Immigration Appeals, holding that the failure of a Notice to Appear (NTA) to specify the date and location of a removal hearing has no effect on the stop-time rule. Accordingly, the court found that the petitioner, who had not accrued the requisite period of continuous physical presence by the time he was served with the NTA in his removal proceeding, was statutorily ineligible for cancellation of removal.
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Filed under: NTA | Tagged: Cancellation of Removal, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, NTA, Stop-Time Rule | Leave a comment »
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