Immigration Lawyer | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Concern on Counsel’s part to meet multiple court deadlines

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

The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (Umezurike v. Holder, 7/9/10)

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BIA interpretation in Asylum Cases

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

The court held that the BIA interpretation of §1003.(d)(3) in In re A-S-B- cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)

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Grant Stay of Voluntary Departure

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

The court held that under 8 C.F.R. § 1240.26(i), it cannot stay a grant of voluntary departure after a petitioner seeks judicial review because the grant has already terminated. (Patel v. U.S. Att’y Gen., 8/24/10)

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Conditional Green Card Holder Eligibility for §212(c) Relief

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

The court remanded the case for the BIA to clarify whether it considered the date that petitioner was first admitted as a conditional permanent resident in its finding that he was ineligible for §212(c) relief (Gallimore v. U.S. Att’y Gen., 8/16/10)

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Overseas filings of Form I-130, Petition for Alien Relative

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

USCIS executive summary from the 11/09/10 teleconference on overseas filings of Form I-130, Petition for Alien Relative. USCIS indicated that it is reviewing options to have all I-130 forms adjudicated domestically, as more than 95% of all I-130 forms are filed in the U.S.

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USCIS San Diego Chapter Liaison Minutes

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

San Diego Chapter USCIS Liaison Minutes from 11/16/10. The minutes address adjudication of I-130 petitions for beneficiaries in removal proceedings; advance notice to applicants for lengthy interviews; reminder about CIS fee increase; and stakeholder meeting on December 7.

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Update on Ciudad Juarez Consulate

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

Update on Ciudad Juarez provided by DOS and USCIS officials at the Catholic Legal Immigration Network, Inc. (CLINIC) family immigration conference in El Paso, TX, Nov. 3-4, 2010.

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False Representation of Citizenship by an Alien

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

The court held that a false representation of citizenship by an alien for the purpose of obtaining private employment is a “purpose or benefit” under the INA, done, at the very least, for the “purpose” of evading §1324a’s provisions. (Ferrans v. Holder, 7/12/10)