Posted on January 24, 2021 by sethlerner1964
Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation as a combatant in the Bosnian conflict during the 1990s when he applied for refugee status, was removable based on fraud.
Filed under: best deportation attorney | Tagged: circuit court of appeal, Fraud, jurisdiction, waiver | Leave a comment »
Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation as a combatant in the Bosnian conflict during the 1990s when he applied for refugee status, was removable based on fraud.
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Filed under: waiver | Tagged: circuit court of appeal, Fraud, Immigration, Immigration Attorney, Immigration Lawyer, jurisdiction, waiver | Leave a comment »
Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, Fraud, inadmissibility, material representation, misrepresentation, scienter | Leave a comment »
Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.
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BIA remands case back to USCIS
Filed under: BIA | Tagged: #bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Fraud, Immigration, Immigration Attorney, Immigration Lawyer, inadmissibility, material representation, misrepresentation, Motion to Reopen with the BIA, scienter | Leave a comment »
Posted on September 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Many immigrants seeking to gain the legal status to remain in Untied States are being victimized by notarios, individuals who represent themselves as qualified to offer legal advice or services concerning immigration but in fact have no such qualification. This ruse can result in severe implications for immigrants, such as financial difficulty, the separation of families, and even deportation. T
Filed under: best deportation attorney | Tagged: Fraud, Immigration, notario | Leave a comment »
Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eleventh Circuit granted the petition for review, finding that because the petitioner had not been confined in a prison but rather had been detained in a rebel-controlled trailer in the jungle, he did not willfully make a material misrepresentation on his application to adjust his status to that of a lawful permanent resident when he answered “no” to Question 17 on his application, and thus he was not removable under INA §237(a)(2)(A)(ii).
Filed under: best deportation attorney | Tagged: 11th circuit, asylum, Fraud, misrepresentation | Leave a comment »
Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Green card application granted for client whose previous 2 applications were denied and who needed a fraud waiver for entering the United States with a fake passport.
Filed under: best deportation attorney | Tagged: fake passport, Fraud, Green Card, U.S. Passport | Leave a comment »
Posted on December 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
(1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), followed.
(2) The respondent’s asylum application is frivolous because he deliberately made a false statement postdating by more than 2 years his date of entry into this country, which is a material element in determining his eligibility to seek asylum given the general requirement to file the application within 1 year of the date of arrival in the United States.
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Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, BIA, california asylum attorney, Fraud, frivolous application | Leave a comment »
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