Posted on August 18, 2021 by sethlerner1964
Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a 7-2 decision on June 1, the Supreme Court ruled against the Trump administration, holding that immigrants slated for deportation have a right to judicial review if their request for relief under the Convention Against Torture (CAT) is denied. The CAT protects foreigners from being deported if they are at risk of being tortured in their home country. In Justice Kavanaugh’s majority opinion, he wrote that Congress could preclude judicial review of CAT orders, but since Congress has not done so, the Supreme Court would not “rewrite the laws.” Justices Thomas and Alito dissented.
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Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim
The First Circuit denied the petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse. Thus, the petitioner failed to meet the CAT definition of “torture” mandated for deferral of removal.
Filed under: best deportation attorney | Tagged: abuse, asylum, CAT, Convention Against Torture, Domestic Violence | Leave a comment »
Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA dismissed the appeal and upheld the immigration judge’s determination that the respondent did not show eligibility for protection under the Convention Against Torture (CAT) based on the conditions of mental health facilities in Mexico.
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Posted on September 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit upheld BIA denials that the petitioner was targeted based on her family relationship and that “single mothers with no male protection who are unable to relocate in El Salvador” are a particular social group. The court also denied the CAT claim, affirming that the petitioner presented no evidence that a Salvadoran official would acquiesce to the petitioner’s torture by gang members.
Filed under: best deportation attorney | Tagged: asylum, cats, Convention Against Torture, first circuit, NEXUS, Particularity | Leave a comment »
Posted on December 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Sixth Circuit granted the petition for review of the BIA’s denial of relief under the Convention Against Torture (CAT), holding that given the likelihood that the petitioner would be subject to involuntary imprisonment at the hands of the Jordanian authorities, resulting in mental pain and suffering, the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan.
Filed under: best deportation attorney | Tagged: asylum, CAT, Convention Against Torture, honor killing, Ruling on Bail and ICE | Leave a comment »
Posted on August 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, holding that the BIA abused its discretion in denying the petitioner’s motion to reopen removal proceedings to apply for protection under the Convention Against Torture (CAT), because it disregarded or discredited undisputed new evidence submitted by the petitioner regarding increased violence toward homosexuals in Ethiopia, including reports of violence by both the government and private citizens.
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Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where the petitioner contended that his removal to Mexico would result in his death at the hands of the notorious La Linea drug cartel, the Seventh Circuit remanded the case to the BIA for reconsideration of the petitioner’s eligibility for deferral of removal under the Convention Against Torture (CAT). The court concluded that the petitioner appeared to have a strong case for deferral of removal, and instructed the BIA to pay careful heed to the analysis found in this opinion and its recent decision in Rodriguez-Molinero v. Lynch.
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Posted on September 20, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit found that 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, is reasonable, and entitled to deference under Chevron. Accordingly, the court affirmed the BIA’s conclusion that it could not consider the petitioner’s application for asylum in light of his reinstated removal order. The court remanded for the BIA to reconsider the petitioner’s applications for withholding of removal and protection under the Convention Against Torture (CAT) in light of intervening circuit precedent inHenriquez-Rivas v. Holder and Madrigal v. Holder.
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Posted on March 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit granted the petition for review and remanded to the Board of Immigration Appeal (BIA), finding that the Immigration Judge and the BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel because of an unpaid drug debt and had informed against the cartel to the FBI and the DEA, was not entitled to deferral of removal under the Convention Against Torture (CAT).
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