Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Politico reports that newly released government records show that, from mid-July 2014 through August 31, 2015, immigration judges issued nearly 2,800 removal orders for child migrants from Central America who were afforded no defense lawyer and only a single hearing. In at least 40 percent of those cases, the defendant was 16 years old or younger, and at least 392 children were 14 or younger. The article quotes AILA
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Filed under: Immigration Attorney | Tagged: central american asylum, child asylum, child deportation, IJ | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- In a published decision the BIA remanded the record to the immigration court for a new hearing before a different Immigration Judge (IJ), finding that conduct by an IJ that can be perceived as bullying or hostile is never appropriate, particularly in cases involving minor respondents, and may result in remand to a different IJ. The BIA also held that the requirements of the Federal Rules of Evidence with respect to the admission of expert testimony are inapposite to a respondent’s testimony regarding events of which he or she has personal knowledge.
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Filed under: Immigration Court | Tagged: BIA, board of immigration appeals, IJ, Immigration Court, reversal | Leave a comment »
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence.
Filed under: Immigration Attorney | Tagged: Adverse Credibility, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence
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Filed under: asylum | Tagged: Adverse Credibility, asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued, the Board of Immigration Appeals (BIA) held that, in making an adverse credibility determination, an Immigration Judge (IJ) can consider significant similarities between statements submitted by different applicants in different proceedings, as long as the IJ gives the applicant meaningful notice of the similarities and a reasonable opportunity to explain them prior to making a credibility determination that is based on the totality of the circumstances.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, Credibility Determination, IJ, Immigration Judges | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the Board of Immigration Appeals (BIA) found that Immigration Judges (IJs) must notify asylum applicants of the biometrics requirements, the deadline for complying with the requirements, and the consequences of noncompliance. The BIA also held that neither IJs nor the BIA has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
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Filed under: asylum | Tagged: asylum, BIA, biometrics information, IJ, Immigration, Immigration Attorney, Immigration Judge, Immigration Lawyer | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of D-M-C-P, 26 I&N Dec. 644 (BIA 2015)
(1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
(2) It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.
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Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of D-M-C-P, 26 I&N Dec. 644 (BIA 2015)
(1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
(2) It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.
BIA rules on expert testimony and factual findings
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BIA issues two crime related decisions
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Posted on February 1, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 