Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On October 31, 2016, former Immigration Judges and BIA members sent a letter to DHS Secretary Jeh Johnson to express concern and disappointment regarding the dramatic increase in the numbers of men, women, and children detained by ICE, stating, “On the basis of our experiences as immigration jurists, we know this expansion comes at the expense of basic rights and due process.”
BIA
Appeal to BIA
Board of Immigration Appeals
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, ;bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, Detention, Immigration, Immigration Attorney, Immigration Lawyer, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA | 1 Comment »
Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR issued an interim rule with a request for comments amending the DOJ regulations relating to the Board of Immigration Appeals (BIA) by adding two Board member positions, expanding the BIA to 17 members. This rule is effective today. Comments must be submitted by August 3, 2015.
BIA
Board of immigration appeals
Appeal to BIA
BIA Deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, EOIR, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued yesterday, the BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 USC §611(a) is removable under section 237(a)(6)(A) of the INA, regardless of whether the respondent knew that he or she was committing an unlawful act by voting. The BIA reasoned that because the respondent, an LPR who had disclosed during a naturalization interview that she had voted in an election in 2006 that included a local school board race, had intentionally voted in an election involving candidates for federal office, the general intent requirement of §611(a) was satisfied.
BIA
Board of immigration appeals
Appeal to BIA
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA, removability from voting, unlawful voting | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In order for Petitioner to pursue an argument never presented to the BIA, the BIA must (1) identify a claim not presented by the petitioner; (2) exercise its discretion to entertain it; and (3) decide the matter in a full opinion. (Garcia-Carbajal v. Holder, 11/5/10)
Asylum agreements
biden border agreement
flores settlement agreement
DHS and Seneca Nation of Indians Announce Agreement to Develop Enhanced Tribal Card
33.767524
-118.189993
Filed under: BIA, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner to pursue an argument never presented to the BIA, USCIS | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 