The BIA Overturned! The evidence was not properly considered http://ow.ly/rPiEQ
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Immigration Attorney, Motion to Reopen with the BIA | Leave a comment »
The court found that a translation error in a medical document corroborating Petitioner’s injuries contributed significantly to the IJ’s adverse credibility finding, and stayed the appeal so that Petitioner could present the error to the BIA.
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The court found that the application of Compean did not have retroactive effect and that Petitioner failed to exhaust his administrative remedies by not filing a motion to reopen with the BIA before filing a habeas petition. (Singh v. Napolitano, 8/23/10)
Filed under: Application of Compean, Immigration, Immigration Attorney, Immigration Lawyer, Motion to Reopen with the BIA, USCIS | Tagged: Application of Compean, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Motion to Reopen with the BIA, USCIS | Leave a comment »
Where husband and wife appealed the Board of Immigration Appeals’ decision denying their petitions for asylum and withholding of removal and relief under the Convention Against Torture, and husband’s petition for review was deemed moot after he died, court of appeals retained jurisdiction to consider wife’s derivative petition because there could be collateral consequences if it was dismissed. Wife’s derivative claim failed because substantial evidence supported immigration judge’s adverse credibility finding against husband where his application and attached declaration were inconsistent–with one stating that he was a Hindu who feared violence by Muslims and the other stating that he was a Muslim who feared violence by Hindus–and where husband’s omission of details was misleading in light of his later claims
BIA issues two crime related decisions
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Motions to Reopen under SORIANO – Avvo.com http://ping.fm/2taFZ
Find a good Immigration Lawyer to help you
Filed under: Motion to Reopen under SORIANO | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, motion to continue, motion to dismiss, motion to reopen, Motion to Reopen (MTR), motion to reopen attorney, Motion to Reopen under SORIANO, Motion to Reopen with the BIA, motion to repen, motion to vacate, USCIS | Leave a comment »
An immigration judge’s jurisdiction on remand from the Board of Immigration Appeals is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. An articulated purpose for the remand, without any express limit on scope, is not sufficient to limit the remand such that it forecloses consideration of other new claims or motions that the immigration judge deems appropriate or that are presented in accordance with relevant regulations. Immigration judge’s adverse credibility determination was supported by substantial evidence where witness testified credibly and consistently that he had prepared and falsified petitioner’s asylum application, as he had done for at least a hundred other clients, and petitioner, to rebut that evidence, relied only on his own testimony, which he eventually admitted was riddled with misrepresentations. Immigration judge’s finding that petitioner filed a frivolous application was supported by a preponderance of the evidence.
Fernandes v. Holder – filed August 20, 2010.
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U Visas: You can file a Join Motion to Reopen with the EOIR
Motion to reopen is one of the best ways…
Filed under: Motion to Reopen (MTR) | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, motion to reopen, Motion to Reopen (MTR), motion to reopen attorney, Motion to Reopen under SORIANO, Motion to Reopen with the BIA | Leave a comment »
USCIS draft memorandum, “Guidance on Uniform Denial Language Pertaining to Appeals to the Board of Immigration Appeals (BIA).
BIA issues two crime related decisions
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BIA granted a motion to reopen an in absentia order of deportation based on Matter of Lozada. BIA found Matter of Lozada substantially satisfied where prior attorney is now deceased.
Filed under: Motion to Reopen (MTR) | Tagged: BIA, Deportation, Immigration Attorney, Immigration Lawyer, motion to reopen, Motion to Reopen (MTR), motion to reopen attorney, Motion to Reopen with the BIA, MTR | Leave a comment »
Adjustment of Status under 245A finally approved (immediate relative: step-father to child). Case has been pending for approximately 4 years. First in absentia MTR was granted and then AOS. Only issue was whether Client was adopted or not (no adoption papers in the file) but adoption was not necessary because Client qualified as a step child. IJ noted that Client and step-father were interviewed and indicated that she would defer to the I-130 approval. DHS waived appeal.
Filed under: MTR | Tagged: deportation attorney, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, motion to reopen, Motion to Reopen (MTR), motion to reopen attorney, Motion to Reopen under SORIANO, Motion to Reopen with the BIA, MTR | Leave a comment »
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