Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court remanded to determine whether failure to register as a sex offender in violation of Wisconsin Statute §301.45(2)(a) is a crime involving moral turpitude under the analysis set forth inMatter of Silva-Trevino. (Mata-Guerrero v. Holder, 11/24/10)
Failure to register as a sex offender
Registered Sex Offenders
Violation of Wisconsin Statute §301.45(2)(a)
The Walsh Waiver. What to do to try to get it approved.
33.767524
-118.189993
Filed under: Failure to register as a sex offender, Immigration Attorney, Immigration Lawyer, moral turpitude, Violation of Wisconsin Statute §301.45(2)(a) | Tagged: Brian D. Lerner, Failure to register as a sex offender, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, moral turpitude, Violation of Wisconsin Statute §301.45(2)(a) | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that for purposes of derivative citizenship under former INA §321(a), the phrase “begins to reside permanently in the United States while under the age of 18 years” requires the status of a lawful permanent resident. (U.S. v. Forey-Quintero, 11/30/10)
Derivative Citizenship
“Derivative Citizenship” under former INA §321(a)
Derivative Citizenship Case
I am a US citizen who meets the derived citizenship requirements but can not prove residency.
33.767524
-118.189993
Filed under: Green Card, Immigration Attorney, Immigration Lawyer, LPR | Tagged: Brian D. Lerner, Derivative Citizenship, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, LPR | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10
Past Persecution
Rebut Past Persecution
asylum
Past Persecution: You can still get asylum
33.767524
-118.189993
Filed under: asylum, Immigration Attorney, Immigration Court, Immigration Lawyer, Past Persecution, USCIS | Tagged: asylum, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Past Persecution, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
For purposes of rescinding an in absentia order under former INA §242B, the alien must not only establish lack of actual notice, but also that the lack of notice was due to a reason other than failure to provide a current address. (Sanchez v. Holder, 12/6/10)
Reopening an in absentia order
deportat order in absentia
absentia deportation
Motion to Reopen in Absentia Granted
33.767524
-118.189993
Filed under: Establish lack of actual notice, For purposes of rescinding an in absentia order, Immigration Attorney, Immigration Court, Immigration Lawyer, Under former INA §242B | Tagged: Brian D. Lerner, Establish lack of actual notice, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Under former INA §242B | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10)
Petitioner’s CAT claim
CAT
cats
Victory for Due Process of Aliens
33.767524
-118.189993
Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DOS Liaison Committee reminds members that despite visa retrogression for various immigrant visa categories, posts should issue immigrant visas with a full six-month validity, even if the applicant’s immigrant visa category will retrogress.
Immigrant Visa Retrogression
Visa retrogression for various immigrant visa categories
DOS
Retrogression is always a possibility when awaiting a Visa
33.767524
-118.189993
Filed under: Department of State (DOS), Immigration Attorney, Immigration Lawyer, USCIS, Visa retrogression for various immigrant visa categories | Tagged: Brian D. Lerner, Department of State (DOS), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Visa retrogression for various immigrant visa categories | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court refused to suppress evidence of Petitioner’s alienage, finding no egregious 4th Amendment violation where no allegations of misconduct were asserted beyond a claim of a lack of probable cause at the time of his arrest. (Puc-Ruiz v. Holder, 12/23/10)
Finding no egregious 4th Amendment violation
4th amendment
Amendment Violation
4th amendment violation
33.767524
-118.189993
Filed under: Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Finding no egregious 4th Amendment violation, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Solicitor General’s Brief in Opposition to Certiorari in Bradley v. Holder confirms that notwithstanding Bradley and similar cases, USCIS has discretion to adjust the status of immediate relative VWP overstays no matter when the I-485 is filed.
Immediate Relatives
USCIS has discretion to adjust the status of immediate relative
adjust status
immediate relative
33.767524
-118.189993
Filed under: I-485, Immigration Attorney, Immigration Lawyer, USCIS, USCIS has discretion to adjust the status of immediate relative, Visa Waiver Program (VWP) | Tagged: Brian D. Lerner, I-485, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS has discretion to adjust the status of immediate relative, Visa Waiver Program (VWP) | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 