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 August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a memorandum dated July 31, 2017, Chief Immigration Judge MaryBeth Keller reminds Immigration Judges that in all situations in which a continuance is granted at a hearing, they must make the reason(s) for the adjournment clear on the record by stating the reasons orally or by setting forth in writing the reason(s) in an order. Further, the memo states that “it is critically important that Immigration Judges use continuances appropriately and only where warranted for good cause or by authority established by case law.”
Thus, continuances are harder to obtain now in Immigration Court
Filed under: best deportation attorney | Tagged: Continuances, EOIR, Immigration Court | Leave a comment »
Posted on August 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Yesterday, the U.S. District Court for the Western District of Washington converted its temporary restraining order (TRO) into a preliminary injunction, which prohibits the enforcement of 8 CFR §1003.102(t) against Northwest Immigrant Rights Project (NWIRP) and other nonprofit organizations who self-identify and disclose their assistance on pro se filings. The court had issued a nationwide TRO on May 17, 2017, enjoining EOIR from enforcing a cease-and-desist letter ordering NWIRP not to provide immigrants with any legal assistance in connection with matters before EOIR without entering Form EOIR-28, and from issuing such letters to other organizations.
Filed under: best deportation attorney | Tagged: eori, Immigration Court, tro | Leave a comment »
Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where Congress had passed the Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) after the petitioner had committed a drug offense but before his crime was adjudicated, the Second Circuit granted the petition for review and remanded, holding that because the petitioner had committed his drug offense prior to IIRAIRA’s passage, he should not have been forced to seek admission to the United States after his brief vacation to the Dominican Republic in 2007. The court further held that the BIA should evaluate the petitioner’s motions to reopen his removal proceedings and to stay his removal under the law in effect at the time of the commission of his 1990 drug offense.
Filed under: best deportation attorney | Tagged: BIA, Immigration Court, iraira, retroactivity | Leave a comment »
Posted on July 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office for Immigration Review (EOIR) confirmed that the Immigration Judge (IJ) Benchbook has been removed from EOIR’s webpage and is no longer being utilized. According to the agency, use of the IJ Benchbook was discontinued due to challenges in keeping the publication up to date with current case law
Filed under: best deportation attorney | Tagged: eoir IJ Benchbook, Immigration Court, Immigration Judge | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Third Circuit reversed the BIA and remanded, holding that 8 CFR §245.1(i), which effectively bars K-4 visa holders who were between 18 and 21 years old when their parent married a U.S. citizen from obtaining lawful permanent residence without first returning to their home country, is invalid, because it is “manifestly contrary” to the INA. Accordingly, the court found that the petitioner, a K-4 visa holder who was 19 years old when her mother married a U.S. citizen, was eligible to adjust her status to that of a lawful permanent resident.
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Filed under: k-4 | Tagged: 245.1, Immigration, Immigration Attorney, Immigration Court, Immigration Law, Immigration Lawyer, k-4, third circuit | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where the Cuban respondent was paroled into the United States on August 25, 1980, as part of the Mariel Boatlift with an Arrival/Departure Record (Form I-94) stamped “Cuban/Haitian Entrant (Status Pending)” indicating that the purpose of his parole was for “Cuban Asylum,” the BIA held in a precedent decision issued today that the respondent was ineligible to adjust his status under INA §209, because he did not establish that he was either admitted as a “refugee” within the meaning of INA §207 or granted asylum under INA §208.
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Filed under: I-94 | Tagged: adjust, AOS, cuban parole, I-94, I-94 Forms, Immigration, Immigration Attorney, Immigration Court, Immigration Law, Immigration Lawyer | 1 Comment »
Posted on April 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Application for Cancellation of Removal granted for lawful permanent resident with nearly 30 years in the U.S. and a disabled daughter but with a conviction for possession of a controlled substance from 2006, an outstanding warrant for 10 years and an arrest for alien smuggling.
Filed under: Immigration Attorney, win | Tagged: Cancellation of Removal, Immigration Court | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
NPR reports that DOJ has agreed to lift an order recusing Los Angeles-based Immigration Judge Ashley Tabaddor from all cases involving Iranian nationals. Last year, Judge Tabaddor sued DOJ, claiming that the order amounted to discrimination and violated her constitutional rights. DOJ also agreed to pay Judge Tabaddor $200,000, and to review its recusal policies.
Filed under: Immigration Attorney | Tagged: IJ, Immigration Court, Immigration Judge, iranian, recusal | 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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https://californiaimmigration.us/bia-remands-case-back-to-the-judge/
Filed under: Immigration Court | Tagged: BIA, board of immigration appeals, IJ, Immigration Court, reversal | Leave a comment »
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