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What to do if you lose at the Board of Immigration Appeals

Question: I am so sad. I lost at the Immigration Court and then I lost at the Board of Immigration Appeals. Is there anywhere else to go and anything else I can do to try to stay here in the U.S.?

Answer: Yes. You are eligible to file a Petition for Review to the Circuit Court of Appeals.  Petitions for review must be filed and received by the court no later than 30 days after
the date of the decision of the Board of Immigration Appeals (BIA) or the U.S.
Immigration and Customs Enforcement (ICE). This deadline is jurisdictiona.  The 30-day deadline for filing a petition for review is not extended either by filing a motion to reopen or reconsider or by the grant or extension of voluntary departure. Separate petitions for review must be filed for each BIA decision, including issues arising from the denial of a motion to reopen or reconsider.


ICE can deport an individual before the 30-day deadline to file a petition for review
Filing a petition for review does not stay the individual’s removal from the country; Instead, a separate request for a stay must be filed with the court. Filing a petition for review terminates the voluntary departure order, with one exception.  A petition for review may be litigated even if the individual has been removed. However, you probably want to stay here, so try to get the Motion to Stay promptly filed.

Question: That’s good to hear. However, what exactly is a ‘petition for review’?

Answer: A petition for review is the document filed by, or on behalf of, an individual seeking review of an agency decision in a circuit court of appeals. In the immigration context, a petition for review is filed to obtain federal court review of a removal, deportation or exclusion decision issued by the BIA. In addition, a petition for review may be filed to obtain review of a removal order issued by ICE under a few very limited specific provisions of the Immigration and Nationality Act (INA).

Question: So what can you challenge in the Petition for Review?

Answer: A challenge to a BIA or ICE decision may involve legal, constitutional, factual, and/or
discretionary claims. In general, (1) legal claims assert that BIA/ICE erroneously applied or
interpreted the law (e.g., the INA or the regulations); (2) constitutional challenges assert that
BIA/ICE violated a constitutional right (e.g., due process or equal protection); (3) factual claims
assert that certain findings of fact made by BIA/ICE were erroneous; and (4) discretionary claims assert BIA/ICE abused its discretion by the manner in which it reached its conclusion.

Keep in mind that the 30-day deadline for filing a petition for review of the underlying decision is not extended by the filing of a motion to reopen or reconsider, nor is it extended by the grant or extension of voluntary departure. To obtain review of issues arising from a BIA decision and issues arising from the denial of a motion to reopen or reconsider, separate petitions for review of each BIA decision must be filed.

It is quite complex to properly do a Petition for Review, so be sure that you get a qualified immigration attorney to get it filed for you.

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Hire a qualified Immigration Attorney and Deportation Lawyer

Hiring a Deportation Attorney is Critical to the Success of the Case

 

Hiring a Los Angeles Immigration Attorney is critical to the successful outcome of your case. Immigration Law is changing all the time. What used to be the law is no longer the law. What once was not permitted is permitted at the present time. There are regulations, laws, cases, memorandum, policy and many other factors.  Many times people will think that completing a case is as easy as just filling out some forms. Unfortunately, it is much more complicated than this. An Immigration Attorney is able to look at all the areas of immigration law in order to determine how a particular situation might affect another area of immigration law.

 

For example, somebody might come to the U.S. on a B2 Visitor Visa and get married two weeks later. They might look online to see the forms they need to complete to get a green card based on a marriage petition.  Then, at the interview, the case is denied and the applicant is deported. Why? It would have been fraud to get married within 30 days of entry to the U.S under those circumstances. An Immigration Attorney would have clearly seen this issue and advised the clients what to do and how to avoid the allegation of fraud.

 

Another situation might be somebody applying for naturalization in order to become a U.S. Citizen. For example,  this person received their green card through employment and has no crimes, did not stay outside the U.S. for more than 2 weeks and has good moral character. Sounds easy? In this case, not only was the naturalization denied, but the person was put into deportation/removal proceedings. Why? Because it turns out that the company that petitioned the person for the green card went bankrupt prior to actually working at the company. The naturalization officer stated green card should never have been given. A qualified Immigration Attorney would have seen this issue and prepared the legal arguments accordingly to have a much better chance of winning.

 

You can search for all types of attorneys to help you. Legally they can. However, the reality is that only a qualified and experienced immigration attorney with years of experience in deportation law can help you in removal/ deportation and waiver cases.The immigration attorney might have to go with you to the asylum office and help with your arguments once in front of the officer. The immigration attorney will know what office is necessary to send the petition, application or documentation. It is much more difficult that it would appear when you have Immigration related offices all over the place. Most of the time the Los Angeles immigration attorney will be able to go with you or on your behalf to the immigration facility.

 

Immigration Law is like a 10,000 piece puzzle. If the immigration attorney is  a certified specialist in immigration law, then he or she can look how one situation might affect another area of immigration law. Even if you decide not to hire an immigration attorney, the initial consultation would be a good idea. At least the immigration attorney would make you aware of the issues that present themselves and to determine the path that is best to resolve your situation. A qualified immigration and deportation lawyer can see how naturalization, residency, inadmissibility, deportability, and many other factors all work together.

The new Green Cards and EADs will:

U.S. Citizenship and Immigration Services today announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.
These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use.
The new card designs demonstrate USCIS’ commitment to continue taking a proactive approach against the threat of document tampering and fraud. They are also part of an ongoing effort between USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement to enhance document security and deter counterfeiting and fraud

The new Green Cards and EADs will:
Display the individual’s photos on both sides;
Show a unique graphic image and color palette:
Green Cards will have an image of the Statue of Liberty and a predominately green palette;


EAD cards will have an image of a bald eagle and a predominately red palette;
Have embedded holographic images; and
No longer display the individual’s signature.

Sexual solicitation of a minor under section 3-324(b) of the Maryland Criminal Law

Sexual solicitation of a minor under section 3-324(b) of the Maryland Criminal Law with the intent to engage in an unlawful sexual offense in violation of section 3-307 is categorically a crime involving moral turpitude.

Temporary Protected Status recipient is deemed to be in a lawful status as a nonimmigrant

Affirming the district court’s summary judgment in favor of the appellee, the Ninth Circuit held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence

Extension of TPS

Temporary protected status

TPS for 18 months

Law Offices of Brian D. Lerner

Matter of CALCANO DE MILLAN, 26 I&N Dec. 904 (BIA 2017)

For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.

BIA procedures

Board of immigration appeals

Appeal to BIA

BIA issues 

Cancellation of removal

Cancellation of removal granted for lawful permanent resident with several convictions, including fraud and drug convictions.  Client can now apply for U.S. citizenship after living in the U.S for nearly 30 years

Cancellation of removal

What an experienced deportation lawyer can do for you

Removal

Removal proceedings

Motion to reopen filed 6 years after I-130 denial approved by USCIS in Santa Ana, CA

Motion to reopen filed 6 years after I-130 denial approved by USCIS in Santa Ana, CA. Client can now apply for residency, through his sister’s petition, in 3 years rather than having to refile and wait 13 years

Approved I-130

Form I-130

Filing I-130 online

Application for I-130

Serving the NTA

Where the Department of Homeland Security seeks to re-serve a respondent to effect proper service of a notice to appear that was defective under the regulatory requirements for serving minors under the age of 14, a continuance should be granted for that purpose. Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013), followed.

Defective NTA

Deficient NTA

NTA meaning

Our Immigration Law Firm

USCIS publishes interim rule on T nonimmigrants

Regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status, in order to respond to public comments on the initial 2002 T visa rule and conform with legislation that has since been passed. The interim rule will take effect on January 18, 2017. Comments on the amendments to Form I-914, Application for T Nonimmigrant Status, are due by January 18, 2017; other comments are due by February 17, 2017.

Form I-129

K-nonimmigrant

Nonimmigrant admissions

Nonimmigrant waiver by US Immigration Attorney