Ruling on Bail and ICE

Posted on December 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Tenth Circuit in United States v. Ailon-Ailon. The court held that a federal district court judge could not deny bail to the defendant, who was facing prosecution for illegal reentry and who was also the subject of an ICE detainer, solely due to the risk that ICE would remove him before his criminal trial, finding that in the context of the Bail Reform Act, the risk that a defendant will flee does not include the risk that ICE will involuntarily remove the defendant

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Cancellation of removal

Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Cancellation of removal granted for lawful permanent resident with several convictions, including fraud and drug convictions. Client can now apply for U.S. citizenship after living in the U.S for nearly 30 years

Cancellation of removal

What an experienced deportation lawyer can do for you

Removal

Removal proceedings

Filed under: removal order | Tagged: c/r, Cancellation of Removal, Drug Conviction, Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »

Cancellation of removal

Posted on January 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Cancellation of Removal application approved for 20-year-old client with a federal felony conviction for manufacturing explosives materials. Our office was able to reach an agreement with the Department of Homeland Security and our client’s application was approved without the need for any testimony and Client was released from custody after only two hearings, just in time for the holidays.

Cancellation of removal

Special cancellation of removal

Applications for withholding of removal

How a deportation attorney can help you win a cancellation of removal for Non-Permanent residents

Filed under: Cancellation of Removal | Tagged: cancellation, cancellation for removal, Cancellation of Removal, criminal history, removability, Removal, removal order, removal orders, Removal Proceedings, special cancellation of removal | Leave a comment »

Be Careful and don’t violate a Protective Order

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Tenth Circuit followed Matter of Strydom, holding that violation of an order prohibiting contact with a potential victim satisfies the requirements of INA §237(a)(2)(E)(ii), which provides that a permanent resident is removable if he or she “violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury.” Accordingly, the court found that the permanent resident petitioner was removable under the statute.

Filed under: Immigration Attorney, removeability | Tagged: deportability, protective order, removability | Leave a comment »

Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Sixth Circuit interpreted INA §240 as requiring that personal service be made upon a noncitizen whenever practicable, and held that personal service to a represented noncitizen’s counsel may, in certain cases, constitute personal service to the noncitizen. The court upheld the Board of Immigration Appeals, finding that the respondent, who was ordered removed in absentia after failing to appear at a master calendar hearing in his removal proceedings, had received sufficient notice under the INA, where the respondent’s counsel was personally served with written notice of the hearing on the day that he appeared with the respondent in immigration court

Removal proceedings

Order of removal

Removal or deportation hearings

Cancellation of removal

Filed under: Removal Proceedings | Tagged: 6th circuit, Immigration, Immigration Attorney, Immigration Lawyer, notice to appear, persona service of immigration notice, removability, Removal, removal order, Removal Proceedings, service on attorney, sixth circuit | Leave a comment »

What is a ‘controlled substance’ for removal purposes

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal

The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.

Filed under: Immigration Attorney | Tagged: controlled substance, drug crime, drug offense, removability, Removal | Leave a comment »

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal

Cancellation for removal

Removal proceedings

Removal of the conditional residence

Can I be removed?

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Another win for the Law Office of Brian D. Lerner

Posted on May 31, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Removal proceedings terminated by Immigration Judge. Client is an LPR and has 3 convictions; 2 battery convictions and 1 assault conviction. DHS charged him with removability as an alien convicted of 2 crimes involving moral turpitude and an alien convicted of a crime of domestic violence. We were able to bond client out and then get proceedings terminated because DHS could not establish removability by clear and convincing evidence; battery is not categorically a CIMT or a COV. While the new 9th Circuit case overruling Silva-Trevino helped, proceedings would have terminated regardless because DHS tried to bypass the second step in Silva-Trevino and did not submit the required docs.

Expedited removal

Final order of removal

Forms of relief in a removal hearing

Removal