Removal Proceedings | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Another win for the Law Offices of Brian D. Lerner

Posted on January 23, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Another win for the Law Offices of Brian D. Lerner.
Deferral of removal under the Convention Against Torture granted IJ Neumeister based on the murder of several of Client’s family members by Mexican authorities and sexual abuse suffered as a child. Client was in withholding only proceedings because of a previous deport order and was not eligible for withholding under the Act or withholding under CAT because of an aggravated felony conviction. DHS reserved appeal. Client should be released shortly.

DHS meaning

Department of homeland security

DHS appeal

DHS rescission of safe harbor procedures for employers

Filed under: Removal Proceedings | Tagged: DHS, dhs appeal, DHS secretary, Immigration Attorney, Immigration Lawyer, Removal, removal order, Removal Proceedings | 1 Comment »

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

Filed under: Removal Proceedings | Tagged: Brian D. Lerner, Immigration Law, Immigration Lawyer, immigration win, removability, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »

CA11 Says 5-Year Limitation under INA §246 Does Not Apply to Removal Proceedings

Posted on October 29, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that INA §246, limiting rescission of an erroneously granted adjustment of status to the five year period after adjustment is granted, applies only to rescission and not to the initiation of removal proceedings.

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Filed under: Removal Proceedings | Tagged: 5-Year Limitation, Atty.Brian D. Lerner, Immigration Lawyer, INA 246, Removal Proceedings | Leave a comment »

The U Visa and Deportation and Removal

Posted on July 18, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The U Visa and Deportation and Removal – Avvo.com http://ping.fm/ZCIh9

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Filed under: Deportation | Tagged: certification of u visa, Deportation, deportation attorney, deportation lawyer, Deportation or Removal Hearings, Removal, Removal Proceedings, U Visa, u visa lawyer, u visa petition, U Visas | Leave a comment »

25 months in prison for unlawfully returning to the U.S. after being deported

Posted on January 5, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

ICE press release announcing that a man from the Dominican Republic was sentenced to 25 months in prison for unlawfully returning to the U.S. after being deported. The man will be subject to removal proceedings after he completes his current sentence.

unlawful detainer meaning

unlawfulness in criminal law

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There are good changes on the horizon for Immigration Reform 2014

Filed under: 25 months in prison for unlawfully returning to the U.S. after being deported, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: 25 months in prison for unlawfully returning to the U.S. after being deported, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Removal Proceedings, USCIS | Leave a comment »

TPS Grant Does Not Terminate Removal Proceedings

Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The BIA reinstated proceedings, finding that respondent was protected from execution of a removal order during the time her Temporary Protected Status (TPS) was valid, but she remained removable based on the charge of inadmissibility in the NTA. Matter of Sosa Ventura 25 I&N Dec. 391 (BIA 2010).