Posted on July 1, 2021 by sethlerner1964
The Ninth Circuit held that immigration judges can reopen the cases of immigrants who have been removed from the U.S. or who voluntarily left. In its decision, the panel sided with a Mexican native who was removed in 1995 and asked an immigration judge to reopen his case sua sponte after he returned to the U.S. so he could apply for adjustment of status. The judge refused – and the BIA agreed – finding that a judge is blocked from taking sua sponte action because the migrant had left the country. However, the panel said that the departure bar does not apply to a sua sponte reopening of a case, but only limits motions to reopen. The panel has now joined a Circuit split on the issue, siding with the Tenth Circuit, and differing from the Second, Third, and Fifth Circuits.
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Filed under: alien, immigrants, immigration appeals, immigration applications, Immigration Attorney, immigration case | Tagged: Deported Cases, Immigration Judge, ninth circuit | Leave a comment »
Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted rehearing en banc to revisit its prior decision filed on May 22, 2019, which held that a Notice to Appear that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing and therefore does not terminate the residence period required for cancellation of removal.
Filed under: best deportation attorney | Tagged: defective nta, ninth circuit, notice to appear, NTA, pererria | Leave a comment »
Posted on May 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, concluding that the immigration judge erred by failing to advise the 14-year-old petitioner, who had received death threats from a gang in Honduras and had not had any contact with his father for many years, that he was an at-risk child potentially eligible for relief as a Special Immigrant Juvenile (SIJ).
Filed under: best deportation attorney | Tagged: ninth circuit, petition of review, sij, special immigrant juvenile petition | Leave a comment »
Posted on January 31, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In Doe v. Kelly, the Ninth Circuit issued an opinion affirming the preliminary injunctionissued by the U.S. District Court for the District of Arizona, which found that CBP is violating the constitutional rights of Tucson Sector immigration detainees and ordered CBP to take certain steps to improve conditions in its Tucson Sector holding facilities.
Filed under: best deportation attorney | Tagged: cbp, detention facility, ninth circuit | Leave a comment »
Posted on January 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Declining to follow the Ninth Circuit’s ruling in Bravo-Pedroza v. Gonzales, the BIA held that DHS is not precluded by res judicata from initiating a separate proceeding to remove a foreign national as one convicted of an aggravated felony burglary offense under INA §101(a)(43)(G), based on the same conviction that supported a crime of violence aggravated felony charge under §101(a)(43)(F) in the prior proceeding.
Filed under: best deportation attorney | Tagged: BIA, burglary, crime of violence, ninth circuit | Leave a comment »
Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. The court found that California law on aiding and abetting, which looks to the natural and probable consequences of an act the defendant intended, had not materially changed since the U.S. Supreme Court decided Gonzales v. Duenas-Alvarez in 2007
Filed under: best deportation attorney | Tagged: 9th circuit, aggravated felony, ninth circuit | Leave a comment »
Posted on March 20, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The en banc Ninth Circuit reversed the BIA’s denial of asylum to a homosexual citizen of Mexico, finding that the petitioner had shown that Mexican officials were unable or unwilling to protect him from harm by private individuals due to his sexual orientation, and thus that he had established past persecution. The court also concluded that the petitioner was entitled to a presumption of future persecution, and remanded for the BIA to consider whether that presumption was rebutted, and also to consider the petitioner’s claims for withholding of removal and CAT protection, taking into account new evidence of the petitioner’s HIV diagnosis.
Filed under: best deportation attorney | Tagged: asylum, BIA, homosexual, ninth circuit | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the BIA’s decision refusing to consider the Peruvian petitioner’s adjustment of status application because he entered the United States using a fraudulent Italian passport to gain the benefits of the Visa Waiver Program (VWP), holding as a matter of first impression that a noncitizen who fraudulently enters the United States under the VWP is subject to the VWP’s limitations, including waiving any challenge to deportation other than asylum. The court also held that the BIA did not err in denying the petitioner’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), finding that the petitioner failed to establish a nexus to a protected ground, and that the harm he suffered was insufficient for CAT protection.
Filed under: BIA | Tagged: #bia, ;bia, adjustment, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, fraudulent entry, Motion to Reopen with the BIA, ninth circuit | Leave a comment »
Posted on October 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a question of first impression for the federal courts, the Ninth Circuit denied the petition for review, holding that a noncitizen who is issued an expedited removal order at a U.S. border-crossing checkpoint has entered the United States for purposes of reinstatement of removal under INA §241(a)(5). The court noted that its decision is limited to the reinstatement provision’s definition of “re-entry,” and that it does not disturb the longstanding common-law definition of “entry.”
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Filed under: Removal Proceedings | Tagged: 241(a)(5), Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, re-entry, Reinstatement of Removal | Leave a comment »
Posted on September 19, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review of the BIA’s precedent decision in Matter of Almanza-Arenas, which held that a conviction for vehicle theft under California Vehicle Code §10851(a) constitutes a crime involving moral turpitude (CIMT). The court remanded to the BIA, holding that, because the least of the acts criminalized under §10851(a) is a temporary taking, the statute is overbroad and thus not categorically a CIMT. The court also found that §10851(a) is an indivisible statute under Descamps v. United States.
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Filed under: Immigration Attorney | Tagged: cmt, crime of moral turpitude, descamps, indivisible statute, ninth circuit, vehicle theft | Leave a comment »
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