Posted on September 20, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit found that 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, is reasonable, and entitled to deference under Chevron. Accordingly, the court affirmed the BIA’s conclusion that it could not consider the petitioner’s application for asylum in light of his reinstated removal order. The court remanded for the BIA to reconsider the petitioner’s applications for withholding of removal and protection under the Convention Against Torture (CAT) in light of intervening circuit precedent inHenriquez-Rivas v. Holder and Madrigal v. Holder.
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Filed under: Immigration Attorney | Tagged: asylum, BIA, CAT, Convention Against Torture, reinstated removal order | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit affirmed the Board of Immigration Appeals’ denial of the petition for review, finding that INA §241(a)(5)’s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum.
Filed under: Immigration Attorney | Tagged: asylum, fifth circuit, Illegal Reentry, reinstated removal order, removal order | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit affirmed the Board of Immigration Appeals’ denial of the petition for review, finding that INA §241(a)(5)’s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum.
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Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, fifth circuit, Illegal Reentry, Immigration, Immigration Attorney, Immigration Lawyer, Refugee and Asylee follow-to-Join cases, reinstated removal order, removal order | Leave a comment »
Posted on August 2, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE FY 2007 – 2010 removal statistics as of 7/22/10 including total removals, non-criminal removals, convicted criminal removals, average length of stay and average daily population in ICE custody
Removal purposes
Removal order
Removal proceedings
Removal attorney
33.767524
-118.189993
Filed under: Removal statistics | Tagged: ICE, Immigration, Immigration Attorney, Immigration Lawyer, reinstated removal order, removability, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings, Removal Statistics, USCIS | Leave a comment »
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