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Another win for the Law Offices of Brian D. Lerner

After Client’s motion to vacate (PC § 1473.7) his 1994 felony conviction for sale of marijuana was granted, the POST WEDNESDAYImmigration Court in San Diego, CA granted Client’s motion to reopen and terminated his deportation proceedings, returning Client to his pre-deportation status as lawful permanent resident.  Shortly thereafter, Client returned to the United States as a permanent resident for the first time in 25+ years.  

ICE Still detaining people without crimes – against what they stated earlier

A Transactional Records Access Clearing House (TRAC) report finds that detainer use by Immigration and Customs Enforcement (ICE) has declined, with the latest data showing that ICE issued 7,993 detainers in April 2015—30% fewer than in October 2014. However, according to the data, only 32% of individuals on whom detainers were placed during April 2015 had been convicted of a crime, and only 19% had a felony conviction. Fully two-thirds had no criminal conviction of any type, in sharp contrast to ICE’s announced plan to detain only individuals who have been “convicted of specifically enumerated [serious] crimes.

Another Win for the Law Offices of Brian Lerner

1994 felony forgery conviction reduced to a misdemeanor and expunged despite the DA’s opposition and despite the fact that client had a warrant for his arrest for over 6 years.  Client can now apply for his green card based on his marriage to a U.S. citizen.

Case updates on how one analyzes crimes in Immigration

Nijhawan vs. Holder case updates how one analyzes crimes in Immigration under the categorical approach. Look at 1) categorical and 2)circumstancial

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