Reinstatement of Removal

Court Says Noncitizen Issued an Expedited Removal Order at Border Checkpoint Has “Re-Entered” Under INA §241(a)(5)

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 »

Release on Bond for Reinstated Removal Order

Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Second Circuit affirmed the district court, finding that a reinstated removal order is not final during the pendency of withholding-only proceedings, and thus, the detention of individuals with reinstated orders of removal and in withholding-only proceedings is governed by INA §236(a), which permits release on bond.

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Filed under: Immigration Attorney | Tagged: bond, Reinstatement of Removal, withholding of removal | Leave a comment »

CA10 on “Illegal Reentry” for Purposes of Reinstatement of Removal

Posted on October 20, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court held that where Petitioner was waived through at the border one month after her removal from the U.S., she “reenter[ed] the United States illegally” for purposes of reinstatement of removal under INA §241(a)(5).

Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, CA10, Illegal Reentry, Immigration Attorney, Reinstatement of Removal | Leave a comment »

Expidited Removal and Reinstatement

Posted on August 4, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This panel will evaluate whether a noncitizen may be subject to reinstatement of removal and identify strategies for those who may not have a prior order but who may face the possibility of expedited removal.

Filed under: Expidited Removal, Immigration Attorney, Immigration Lawyer, Reinstatement of Removal, USCIS | Tagged: Expedited Removal, Immigration Attorney, Immigration Lawyer, Reinstatement of Removal, USCIS | Leave a comment »

Posted on August 4, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Alien´s removal hearing

Order of removal

Applying for cancellation of removal

BIA rules on withholding of removal

Filed under: Expidited Removal | Tagged: Expedited Removal, Immigration, Immigration Attorney, Immigration Lawyer, Reinstatement of Removal, Removal, removal order, removal orders, Removal Proceedings, USCIS | Leave a comment »

A new case on Cancellation of Removal:

Posted on May 19, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

NINTH U.S. CIRCUIT COURT OF APPEALS

–Immigration Law-
Petitioner’s unborn daughter was not a qualifying relative for purposes of cancellation of removal for exceptional and extremely unusual hardship where she did not meet the statutory definition of “child” at the time of petitioner’s hearing.
Partap v. Holder

Cancellation of removal

Cancellation of removal meaning

Removal

Removal proceedings

Filed under: Cancellation of Removal | Tagged: Cancellation of Removal, Immigration, Immigration Attorney, Immigration Lawyer, Reinstatement of Removal, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »

Denial of petitions and removal are issued for drug conviction

Posted on March 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Removal qualifications are clarified under new standards of of petitions. CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach.

Order of removal

Removal proceedings

Removal order: it anything that can be done?

BIA rules on withholding of removal