Plead Guilty, but not informed of deportation risks?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Seventh Circuit reversed the district court’s denial of the petitioner’s motion to withdraw his guilty plea, holding that the petitioner—who was recently removed to Italy following a federal drug conviction—could choose to withdraw his guilty plea and instead seek a trial by jury, because his counsel had failed to warn him that a plea of guilty would carry the threat of deportation.

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Filed under: Deportation | Tagged: crime, Deportation, guilty plea, Immigration, Immigration Attorney, immigration crime, Immigration Lawyer | 1 Comment »

Got illegal Reentry? Got a defense?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Ninth Circuit reversed the defendant’s conviction for illegal reentry, holding that by asking the defendant to comment on the credibility of a border patrol agent—a key witness against him—then referring to evidence not before the jury to bolster the agent’s testimony, the government deprived the defendant of the fair trial guaranteed by the Due Process Clause.

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Filed under: Illegal Reentry | Tagged: 9th circuit, Due Process, Illegal Reentry, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »

Are you a returning Resident – but have a crime?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BIA Finds Returning LPR Cannot Be Charged with Inadmissibility Under INA §212(a)
In a precedent decision, the Board of Immigration Appeals (BIA) held that a lawful permanent resident (LPR) returning to the United States cannot be regarded as seeking admission and may not be charged with inadmissibility under INA §212(a) if he does not fall within any of the exceptions in INA §101(a)(13)(C).

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https://californiaimmigration.us/family-petitions-to-immigrate-family-members/reentry-permit-is-available-for-lawful-permanent-residents/

Filed under: returning Resident | Tagged: admission, Immigration, Immigration Attorney, Immigration Lawyer, inadmissibility, lawful resident, LPR, returning Resident | Leave a comment »

Changing Status of Filing an EB-5?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS announced that on June 15, 2015, it stopped accepting electronically filed Forms I-539, Application to Extend/Change Nonimmigrant Status, and Forms I-526, Immigrant Petition by Alien Entrepreneur. Paper versions of the forms must be used while USCIS updates the online filing system. USCIS also discontinued the EB-5 Regional Center Document Library. USCIS stated that pending or draft cases that were created prior to June 15, 2015, will not be adversely affected, and individuals will have 30 days to complete and submit draft cases.

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Filed under: EB-5 Immigrant Investor Program | Tagged: 526, 539, Change of Status, cos, EB-5, eb-5 attorney, EB-5 Investment, EB-5 Investment Visa, EB-5 Visa, electronic forms, I-526, i-539, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »

USC Spouse denied due process because immigrant spouse denied a visa?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Supreme Court Holds U.S. Citizen Spouse Was Not Deprived of Due Process

In a 5-4 decision, the Supreme Court vacated the Ninth Circuit’s decision in Kerry v. Dinand remanded. The plurality held that because the respondent, a U.S. citizen, was not deprived of “life, liberty, or property,” the government did not deny her any constitutional due process right when it denied her spouse a visa, and that the Due Process Clause did not require the government to explain its decision to deny the visa.

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Filed under: immigrant spouse | Tagged: Due Process, Immigration, Immigration Attorney, Immigration Lawyer, spouse visa, Supreme Court | Leave a comment »

Ineffective assistance of counsel? You can file the Motion to Reopen past the 90 day deadline

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In an 8-1 decision, the Supreme Court reversed the Fifth Circuit’s decision in Mata v. Holderand remanded, holding that a court of appeals has jurisdiction to review a denial of a petitioner’s request to equitably toll the deadline on a motion to reopen.

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Filed under: Motion to Reopen (MTR) | Tagged: iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assistance of counsel, motion to reop, motion to reopen | 2 Comments »

Another suit from Arizona on violating immigrants rights

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Civil rights groups, including the American Immigration Council, filed a lawsuit against the U.S. Border Patrol in federal district court in Tucson on Monday, alleging that immigrants were unlawfully detained and mistreated for extended periods in freezing, filthy holding cells in Arizona. The complaint states that the immigrants suffered a wide range of abuse and neglect, including being held in overcrowded cells and denied adequate food, water, sleep, and medical care.

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https://californiaimmigration.us/information-regarding-filing-complaints-of-discrimination-civil-rights-violations-and-racial-profiling-towards-immigrants/

Filed under: immigrant rights | Tagged: Immigration Lawyer, Immigration Attorney, Immigration, detention facilities, arizona immigration, civil rights | 1 Comment »

What if the applicant in asylum has mental issues?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In a precedent decision, the BIA sustained in part the respondent’s appeal, holding that if an asylum applicant has mental competency issues that affect the reliability of his testimony, then the Immigration Judge should, as a safeguard, generally accept the applicant’s fear of harm as subjectively genuine based on the applicant’s perception of events.aslu

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Filed under: asylum | Tagged: asylum, fear of persecution, Immigration, Immigration Attorney, Immigration Lawyer, mental issues | Leave a comment »

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal

The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.

Cancellation for removal

Removal proceedings

Removal of the conditional residence

Can I be removed?