• Hours & Info

    3233 E. Broadway,
    Long Beach, CA 90803
    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.

  • Past Blog Posts

  • https://api.whatsapp.com/send?phone=13104885414

Limitations on Adjustment of Status for K-1 Visas

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Addressing but rejecting a number of arguments, the court held that Petitioner, who entered the U.S. on a K-1 visa but failed to marry the petitioning fiancé was not eligible for adjustment of status under INA §245. (Kalal v. Gonzales, 3/30/05)

Filed under: Adjustment of Status, Fiancee Visa, Immigration Attorney, Immigration Lawyer, K-1 Visa Petition | Tagged: , , , , , | Leave a comment »

IJ’s decision to terminate proceedings resulted in no final order of removal

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)

Filed under: Final Order of Removal, Immigration Attorney, Immigration Judges, Immigration Lawyer, Petition for Review, USCIS | Tagged: , , , , , , | Leave a comment »

Jurisdiction to review the BIA’s decision on a Motion to Reopen

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)

Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: , , , , , , | Leave a comment »

Jurisdiction to review the BIA’s decision on a Motion to Reopen

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)

Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Motion to Reopen (MTR), USCIS | Tagged: , , , , , , | Leave a comment »

Distribution of “Chemicals” is an aggravated felony drug trafficking crime

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that a conviction for distributing ephedrine and pseudoephedrine with reasonable cause to believe they would be used to manufacture methamphetamine under 21 USC §841(c)(2) is an aggravated felony drug trafficking crime. (Daas v. Holder, 8/24/10)

Filed under: Aggravated Felonies, Drug Trafficking, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

Under Nevada laws assault with a deadly weapon is a crime of violence

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that a conviction for assault with a deadly weapon under Nevada Revised Statutes §200.471 is categorically an aggravated felony crime of violence. (Camacho-Cruz v. Holder, 9/2/10)

Filed under: Aggravated felony crime of violence, Conviction for assault with a deadly weapon, Immigration Attorney, Immigration Lawyer, Nevada, USCIS | Tagged: , , , , , , | Leave a comment »

Reopening an in absentia order that demonstrate exceptional circumstances

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that the BIA erred in holding that aliens seeking discretionary relief can effectively never demonstrate exceptional circumstances for reopening an in absentia order, and adopted a totality of the circumstances approach. (Vukmirovic v. Holder, 9/8/10)

Filed under: BIA, Immigration Attorney, Immigration Lawyer, Reopening an in absentia order, USCIS | Tagged: , , , , , , | Leave a comment »

BIA on grandfathered for 245(i)

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Matter of Legaspi 25 I&N Dec. 328 (BIA 2010).

Filed under: BIA, Grandfathered for 245(i), Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , , | Leave a comment »

Mexican National sentenced to 64 months in federal prison

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

ICE press release announcing that Mario Ruiz-Toledo was sentenced to 64 months in federal prison for unlawfully returning to the U.S. after being deported, and eight years in state prison for burglary. The release includes information on the removal process for Ruiz-Toledo.

Filed under: Alien unlawfully returning to the U.S., ICE, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , , | Leave a comment »

(AAO) Processing Times as of December 1, 2010

Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Administrative Appeals Office (AAO) Processing Times as of December 1, 2010.

Filed under: Administrative Appeals Office (AAO), Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

« Previous Page — Next Page »

  • Brian D. Lerner

    Immigration Lawyer

  • Blog Stats

    • 300,361 Visitors

  • Categories

  • Recent Posts