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BIA Finds Wisconsin Prostitution Statute Is Categorically an Aggravated Felony

Posted on May 22, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA sustained DHS’s appeal and reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaging in, or agreeing to engage in, sexual conduct for anything of value.

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

The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all time spent in ICE detention subsequent to his or her indictment or the filing of formal criminal charges against him or her.

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Posted on June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

2010 BIA order reopened sua sponte based on a change of law and whether a DUI in Arizona on a suspended license is a crime involving moral turpitude.  Client is now eligible for cancellation of removal.

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Criminal Relief for Crimes affecting immigration

Posted on May 6, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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