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.
Filed under: best deportation attorney | Tagged: Cancellation of Removal, habitual drunkard, Immigration Court | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review of the BIA decision, finding the petitioner ineligible for cancellation of removal or voluntary departure because he lacked good moral character as a “habitual drunkard.” The court remanded, holding that the petitioner could bring an equal protection challenge because there is no rational basis to classify persons afflicted by chronic alcoholism as innately lacking good moral character.
https://cbocalbos.wordpress.com/tag/9th-circuit/
https://cbocalbos.wordpress.com/tag/9th-circuit-court-of-appeals/
https://cbocalbos.wordpress.com/tag/petition-for-review-to-9th-circuit-court-of-appeal/
https://californiaimmigration.us/9th-circuit-case-gran/
Filed under: Immigration Attorney | Tagged: 9th circuit, BIA, GMC, habitual drunkard, Lack of good moral character | 1 Comment »
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