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.
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Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit vacated the Board of Immigration Appeals’ order denying the petitioner’s asylum claim and remanded for reconsideration of the credibility determination, finding that purported omissions and discrepancies upon which the Immigration Judge based an adverse credibility determination were consistently present in the record.
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Posted on February 4, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on March 11, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration Lawyer Brian Lerner can prepare any type of immigration petition. As an experienced 20 year Immigration Lawyer, he can represent you in removal proceedings, prepare adjustments, visa petitions, appeals and waivers.
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Posted on January 24, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court reversed the adverse credibility finding as improperly based on the IJ’s perception of Petitioner’s ignorance of Christian doctrine, misstatements that did not go to the heart of the claim, and insufficient evidence of evasiveness. (Li v. Holder, 1/19/11)
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Posted on January 5, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a case involving separate claims of a couple from Egypt, the court upheld the IJ’s adverse credibility determination as to the husband, but remanded the wife’s claim where the BIA failed to address the IJ’s findings as to her testimony. (Rizk v. Holder, 1/3/11)
BIA
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BIA Issues Two Crime Related Decisions
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Filed under: BIA, Couple from Egypt, Immigration Attorney, Immigration Judges, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Couple from Egypt, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | 2 Comments »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10)
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bia board of immigration appeals
Victory for Due Process of Aliens
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Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR announcement on the appointment of six new immigration judges who will preside in immigration courts in Eloy, AZ, Lumpkin, GA, Memphis, TN, and Port Isabel and San Antonio, TX.
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Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As a matter of first impression, the court held that the IJ’s jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. (Fernandes v. Holder, 8/20/10)
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Filed under: BIA, Credibility of Remand, Immigration Attorney, Immigration Judges, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Credibility of Remand, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court distinguished Lolong v. Gonzales and found that it lacked jurisdiction over the petition for review because the IJ’s decision to terminate proceedings resulted in no final order of removal. (Galindo-Romero v. Holder, 9/2/10)
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Filed under: Final Order of Removal, Immigration Attorney, Immigration Judges, Immigration Lawyer, Petition for Review, USCIS | Tagged: Brian D. Lerner, Final Order of Removal, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner, Petition for Review | Leave a comment »
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