The court refused to apply the repeal of INA §212(c) retroactively to Petitioner, where he demonstrated actual reliance on the availability of a §212(c) waiver by affirmatively abandoning his right to pursue a JRAD.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, §212(c), CA7, Immigration Lawyer, JRAD | Leave a comment »
In a unanimous opinion, the Court held that the BIA’s comparable grounds rule, as applied to applications for §212(c) relief in deportation proceedings, is arbitrary and capricious under the Administrative Procedure Act.
Filed under: Immigration Attorney | Tagged: Administrative Procedure Act, Atty.Brian D. Lerner, §212(c), BIA, Immigration Lawyer, SC | Leave a comment »
DOJ OLC opinion rejects the interpretation by the Bureau of Alcohol, Tobacco, Firearms and Explosives in an interim final rule, and concludes that 18 USC §922(g)(5)(B) applies only to nonimmigrants who must have a visa to be admitted to the U.S., not to all nonimmigrants.
Filed under: Immigration Attorney | Tagged: 18 USC §922(g)(5)(B), Atty.Brian D. Lerner, DOJ, Firearms, Firearms and Explosives, Gun Control Act, Immigration Lawyer, Nonimmigrants, OLC, Tobacco, ureau of Alcohol | Leave a comment »
“Beyond the Board Action Plan” from President Obama and Canadian Prime Minister Harper released on 12/7/11, which articulates a shared approach to security that addresses threats within, at, and away from the borders, while also expediting lawful trade and travel.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, Beyond Border Action Plan, Immigration Lawyer | 1 Comment »
DOS announcing Virtual Embassy Tehran, which is not a formal diplomatic mission but can work as a bridge between the American and Iranian people in the absence of direct contact.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, DOS, Immigration Lawyer, Tehran, Virtual US Embassy | Leave a comment »
As of 12/2/11, USCIS receipted 9,497 petitions toward the 33,000 H-2B cap amount for FY2012. This count includes 8,240 approved and 1,257 pending petitions.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, H-2B Cap Count, Immigration Lawyer, USCIS | Leave a comment »
The court upheld the IJ’s adverse credibility determination and conclusion that Petitioner’s marriage was not entered into in good faith where petitioner and his ex-wife gave vastly divergent descriptions of their wedding day.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, CA1, I-751 Hardship Waiver, IJ, Immigration Lawyer, marriage entered not in good faith | Leave a comment »
The BIA held that the continuous residence/presence of an alien applying for cancellation ends under the stop-time rule upon service of an NTA, even if the NTA does not include the date and time of the initial hearing.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, Immigration Lawyer, NTA, Stop-Time Rule | Leave a comment »
The BIA held that to establish that a returning LPR is to be treated as an applicant for admission, the government has the burden of proving by clear and convincing evidence that a §101(a)(13)(C) exceptions applies.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, §101(a)(13)(C), BIA, Burden of Proof, Immigration Lawyer, LPR | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 