Posted on November 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, holding that the language in 18 USC §16(b), which is incorporated into INA §101(a)(43)(F)’s definition of a “crime of violence,” was unconstitutionally vague. The court found that §16(b)’s language suffered from the same indeterminacy the U.S. Supreme Court found in the Armed Career Criminal Act’s (ACCA) “residual clause” definition of a violent felony in Johnson v. United States, and was thus void for vagueness.
Filed under: crime of violence | Tagged: 16b, Appeal, court of review, crime of violence, ninth circuit, unconsitutionally vague | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review of the Board of Immigration Appeals’ decision, which found that the petitioner was inadmissible under INA §212(a)(3)(B) for having engaged in terrorist activity. The court held that the Board erred in failing to apply the clear error standard of review to the Immigration Judge’s finding that the petitioner lacked the “intent to endanger, directly or indirectly, the safety of one or more individuals” when he participated in planning an attempted coup against the Philippine government in 1989.
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Filed under: immigration case | Tagged: BIA, board of immigration appeals, filipino, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, Terrorist | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the Board of Immigration Appeals, holding that the failure of a Notice to Appear (NTA) to specify the date and location of a removal hearing has no effect on the stop-time rule. Accordingly, the court found that the petitioner, who had not accrued the requisite period of continuous physical presence by the time he was served with the NTA in his removal proceeding, was statutorily ineligible for cancellation of removal.
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Filed under: NTA | Tagged: Cancellation of Removal, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, NTA, Stop-Time Rule | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence
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Filed under: asylum | Tagged: Adverse Credibility, asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence.
Filed under: Immigration Attorney | Tagged: Adverse Credibility, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted in part the petition for review, holding that the Board of Immigration Appeals erred when it denied the petitioner, a transgender woman from Mexico, relief under the Convention Against Torture (CAT), because it failed to recognize the difference between gender identity and sexual orientation, and assumed that recent anti-discrimination laws in Mexico have made life safer for transgender individuals, while ignoring significant evidence of violence targeting them. The court remanded for a grant of CAT relief in light of the petitioner’s evidence of past torture and country conditions, which showed a clear probability of future torture with government acquiescence.
Filed under: Immigration Attorney | Tagged: cats, gay, homosexual, ninth circuit, transgender | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed the Board of Immigration Appeals’ denial of the petitioner’s applications for withholding of removal and Convention Against Torture (CAT) relief, holding that the Board erred in finding that the petitioner’s California conviction for voluntary manslaughter constituted a categorical “crime of violence” and a per se “particularly serious crime.” The court also reversed the Board’s denial of the petitioner’s claim for deferral of removal under CAT, and remanded for the Board to consider the aggregate risk of torture arising from the petitioner’s family affiliation together with the risk arising from his status as a criminal deportee.
Filed under: Immigration Attorney | Tagged: categorical analysis, cats, crime of violence, ninth circuit, particularly serious crime | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s application for deferral of removal under the Convention Against Torture (CAT), finding that the evidence did not compel the conclusion that the petitioner established it was more likely than not that he would be perceived as a gang member and tortured in El Salvador due to his decorative, non-gang-related tattoos.
Filed under: Immigration Attorney | Tagged: cats, Convention Against Torture, El Salvador, immigration tattoos, ninth circuit, tattoos | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed the Board of Immigration Appeals’ denial of the petitioner’s adjustment of status application, finding that the petitioner reasonably relied on Acosta v. Gonzales, which was the law of the circuit in effect at the time he applied to adjust status, but which was later overruled by Garfias-Rodriguez v. Holder. The court held that the BIA’s decision in Matter of Briones should not be applied retroactively to bar the petitioner’s application, because the petitioner’s reliance interests and the burden that retroactivity would impose on him outweighed the interest in uniform application of the immigration laws.
Filed under: Immigration Attorney | Tagged: 245(i), 9th circuit, briones, Illegal Reentry, ninth circuit | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the statutory criminal bar to judicial review, INA §242(a)(2)(C), does not strip the court of jurisdiction to review the denial of a procedural motion, such as a motion for a continuance, that rests on a ground independent of the conviction that triggered the bar. The court denied the petition for review, however, because it found that the Immigration Judge did not abuse his discretion in denying the petitioner’s motion to continue.
Filed under: Immigration Attorney | Tagged: 9th circuit, jurisdiction of appellate court, jurisdictional stripping, motion to continue, ninth circuit, Petition for Review | Leave a comment »
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