In a precedent decision issued today, the BIA held that the persecutor bar in INA §241(b)(3)(B)(i) applies to a noncitizen who assists or otherwise participates in the persecution of an individual because of that person’s race, religion, nationality, membership in a particular social group, or political opinion, without regard to the noncitizen’s personal motivation for assisting or participating in the persecution. The court found that the persecutor bar applied to the Salvadoran respondent because, regardless of his own motives, he assisted in the persecution of an individual because of the individual’s political opinion. Accordingly, the court concluded that the respondent failed to establish that he was eligible for special rule cancellation of removal under NACARA.
Filed under: best deportation attorney | Tagged: asylum, BIA, el salvedor, NACARA | Leave a comment »
Nicaraguan Adjustment and Central American relief act
Another win from the Law Offices of Brian D. Lerner
Filed under: Nicaraguan Adjustment and Central American Relief Act (NACARA) | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, NACARA, Nicaragua, special cancellation of removal | Leave a comment »
Over dissent, the court found that where Petitioner unintentionally drove into Mexico without advance parole, he did not abandon his NACARA adjustment of status because 8 CFR §245.13(k)(1) applies only to “desired” departures.
Filed under: Immigration Attorney | Tagged: 8 CFR §245.13(k)(1), AOS, Atty.Brian D. Lerner, CA9, Immigration Lawyer, NACARA | Leave a comment »
The court upheld the IJ’s finding that Petitioners lacked good moral character for purposes of NACARA where they violated INA §212(a)(6)(E) by sending money to their children to assist them in entering the U.S. illegally.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, Immigration Lawyer, NACARA, Physical Presence at the Border, Smuggling | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 