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Court Holds that Imposition of Court Costs Does Not Qualify as “Conviction”

Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fourth Circuit granted the petition for review, finding that an assessment of $100 in costs, assessed attendant to prayer for judgment continued under North Carolina law, is not a “penalty” under INA §101(a)(48)(A)(ii) and is therefore not a “conviction” under the INA.

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Court Finds Violation of Municipal Ordinance Was “Conviction”

Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit found that the BIA properly denied the petitioner Temporary Protected Status (TPS) because he was convicted of two misdemeanors, adding that it is irrelevant whether state law classifies crimes as “infractions” or “violations,” so long as punishment imposable under state law meets the definition of misdemeanor.

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The Court Says Petitioner Failed to Show That His Conviction Was Not Vacated for Immigration Purposes

Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Eighth Circuit upheld the BIA’s finding that the petitioner failed to meet his burden of proving that his state court conviction for theft in the fourth degree, a crime involving moral turpitude, was vacated for a substantive or procedural reason and not for immigration purposes. The court also found that the IJ did not err when it pretermitted petitioner’s application for cancellation of removal on the grounds that he was convicted of a crime of moral turpitude, even though he was never admitted to the United States.

https://cbocalbos.wordpress.com/tag/conviction/

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https://californiaimmigration.us/los-angeles-deportation-law-firm/relief-from-conflicts/

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Be careful if you own the company doing the PERM and you are also the beneficiary

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer did not establish that the job opportunity was open and available to all U.S. workers as required by 20 CFR §656.10(c)(8), where the beneficiary and her husband each had a 50% ownership interest in the sponsoring entity.

https://cbocalbos.wordpress.com/tag/perm-2/

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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/

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Got a PERM and recruitment? See this case.

Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA vacated the Certifying Officer’s denial and found that, although the ETA 9089 stated that the Employee Referral Program (ERP) commenced prior to the prevailing wage validity period, recruitment under the pre-existing ERP actually began within the prevailing wage validity period, when the employees became aware of the vacancy for purposes of making a referral.

https://cbocalbos.wordpress.com/tag/employee-referral-program-erp/

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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/

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Court Holds Virginia Grand Larceny Conviction Is Not an Aggravated Felony

Posted on January 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
  1. The Fourth Circuit reversed and remanded with instructions to vacate the removal order, finding that the modified categorical approach did not apply since use of the word “or” in the definition of the crime did not automatically render the crime divisible. Thus, the court applied the categorical approach and found that the petitioner’s conviction under Va. Code Ann. §18.2-95 was not an aggravated felony theft offense.

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https://californiaimmigration.us/ca9-finds-california-conviction-for-owning-and-operating-a-chop-shop-is-not-an-aggravated-felony/

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CA7 Reverses Harboring Conviction

Posted on February 7, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that no trier of fact could reasonably find that the defendant had “harbored” her boyfriend based on the stipulated facts, noting that harboring was not the same as merely providing a place to stay.

https://www.archivesfoundation.org/documents/refugee-act-1980/

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Exempts from removability those convicted of only a “single offense”

Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The “personal use exception” of 8 U.S.C. Sec. 1227(a)(2)(B)(i), which exempts from removability those convicted of only a “single offense involving possession for one’s own use of 30 grams or less of marijuana,” does not apply to aliens who have more than one drug conviction. Petitioner was ineligible where his conviction for possession of concentrated cannabis was not his only controlled substance offense. Rodriguez v. Holder – filed August 23, 2010

Person with convictions

Felony granted 

Several convictions 

Drug conviction 

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Is the pre-trial diversion a conviction for immigration purposes?

Posted on August 18, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

is the pre-trial diversion a conviction for immigration purposes. – Avvo.com http://ping.fm/M5fWd

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New Case just issued

Posted on April 2, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

New Case just issued: Alien’s conviction under California Health and Safety Code Sec. 11361(b) for furnishing marijuana to a minor categorically qualified as a controlled substance offense under 8 U.S.C. Sec. 1227(a)(2)(B)(i).

Aliens conviction

Conviction

Convictions / Immigration

Convictions of violence and battery charges in those applying for immigration petitions

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