Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)
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Filed under: Adjustment of Status, Immigration Attorney, Immigration Law, Immigration Lawyer, Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presenc, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presenc, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)
H-2A Petitioners on prohibited fees
Petitioner to pursue an argument never presented to the BIA
Petitioner
Sibling Petition Summary
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Filed under: Adjustment of Status, Immigration Attorney, Immigration Law, Immigration Lawyer, Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presenc, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner ineligible for AOS for presenting US Birth Certificate and continuous Physical Presenc, USCIS | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found reasonable the BIA’s determination that robbery under Cal. Penal Code §211 is a crime involving moral turpitude for purposes of INA §212(a)(2)(A)(i)(I). (Mendoza v. Holder, 10/27/10)
crime involving moral turpitude
crime of moral turpitude
Crimes of Moral Turpitude
Multiple Laws Exist to Make You Removable
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that an alien released on conditional parole under INA §236 is not “paroled into the United States” for purposes of eligibility for adjustment of status under INA §245. (Delgado-Sobalvarro v. Att’y Gen. of the U.S., 11/2/10)
Adjustment of Status
Conditional parolee not eligible for adjustment of status
AOS
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that misdemeanor false imprisonment in violation of Cal. Penal Code §236 is not categorically a crime involving moral turpitude. (Saavedra-Figueroa v. Holder, 11/5/10)
Misdemeanor false imprisonment in violation of CA Penal Code §236
crime involving moral turpitude
crime of moral turpitude
Wins
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court dismissed Petitioner’s claim as administratively unexhausted, but implored its colleagues that when a similar case is next presented, to hold that slight tardiness to one’s hearing does not qualify as a failure to appear. (Camaj v. Holder, 11/8/10)
Failure to Appear
Immigration Attorney
inland empire immigration attorney
BIA Remands Case Where Defendant Appeals In Absentia Order
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Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (Vahora v. Holder, 11/15/10)
administrative closure
Motion for Administrative Closure
Decision to deny administrative closure
deportation-attorney helps clients in U.S.
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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)
USC Father
BIA
bia board of immigration appeals
Victory for Due Process of Aliens
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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.
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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.
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