Posted on August 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last Friday, DOJ petitioned the Federal Labor Relations Authority (FLRA) in an effort to strip immigration judges of their right to be represented by a union. AILA Executive Director Benjamin Johnson called the petition “an effort to suppress the voices of immigration judges, who have denounced DOJ efforts to strip their authority.” House Judiciary Committee Chair Jerrold Nadler (D-NY) and Subcommittee on Immigration and Citizenship Chair Zoe Lofgren (D-CA) criticized the administration’s move to decertify the National Association of Immigration Judges, announcing plans to hold hearings to “develop a foundation for legislation to create an independent immigration court.”
Filed under: best deportation attorney | Tagged: department of justice, DOJ, IJ, Immigration Judges | Leave a comment »
Posted on September 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of L‑A‑B‑R‑, which outlined when immigration judges (IJs) may grant continuances; Matter of Castro‑Tum, which limited IJs authority toadministratively close a case; and Matter of A‑B‑, which narrowed the criteria for demonstrating membership in a particular social group.
Sessions is trying to turn the Immigration Courts into puppet institutions that just deport people without regard to real representation.
Filed under: best deportation attorney | Tagged: Due Process, Immigration Court, Immigration Judges, Sessions | Leave a comment »
Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR is once again including the names of immigration judges on its automated case status hotline, reversing course following complaints over the names being removed from the system in March 2018.
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Posted on May 16, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Top Senate and House Democrats sent a letter to DOJ’s Inspector General, requesting an investigation into allegations that DOJ has targeted candidates and delayed job offers for immigration judge (IJ) and BIA positions based on the candidates’ perceived political or ideological views.
Filed under: best deportation attorney | Tagged: DOJ, Immigration Judges, inspector general | Leave a comment »
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence
Asylum agreements
Asylum application
Asylum attorney
Get a California deportation attorney to help you file asylum
Filed under: asylum | Tagged: Adverse Credibility, asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence.
Filed under: Immigration Attorney | Tagged: Adverse Credibility, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued, the Board of Immigration Appeals (BIA) held that, in making an adverse credibility determination, an Immigration Judge (IJ) can consider significant similarities between statements submitted by different applicants in different proceedings, as long as the IJ gives the applicant meaningful notice of the similarities and a reasonable opportunity to explain them prior to making a credibility determination that is based on the totality of the circumstances.
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Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Prosecutorial discretion granted and deportation case administratively closed for client with 10+ years in the United States but no immediate relatives, no documented employment history or tax filings and several vehicle code arrests/convictions. Client can now remain in the U.S. legally in hope of immigration reform in the future.
Immigration reform bills
An immigration reform
Immigration reform news
Immigration reform, what is it?
Filed under: Immigration Reform | Tagged: Immigration, Immigration Attorney, Immigration Judges, Immigration Law, Immigration Lawyer, Immigration Reform, pd, prosecutorial discretion, reform, win | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of D-M-C-P, 26 I&N Dec. 644 (BIA 2015)
(1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
(2) It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.
BIA rules on expert testimony and factual findings
BIA pro bono project
Board of immigration appeals
BIA issues two crime related decisions
Filed under: BIA | Tagged: #bia, appeal to bia, asylum, BIA, bia board of immigration appeals, BIA Pro Bono Project, biometrics information, IJ, Immigration, Immigration Attorney, Immigration Judges, Immigration Lawyer, Motion to Reopen with the BIA | Leave a comment »
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