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
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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 »
Posted on July 31, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A grant of Family Unity Program benefits does not constitute an “admission†to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2006), for purposes of establishing that an alien has accrued the requisite 7-year period of continuous residence after having been “admitted in any status†to be eligible for cancellation of removal under section 240A(a)(2) of the Act, 8 U.S.C. § 1229b(a)(2) (2006).
Cancellation of removal
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Filed under: Cancellation of Removal | Tagged: cancelation of removal, cancellation, Cancellation of Removal, Immigration, Immigration Attorney, Immigration Lawyer, Removal, Removal Proceedings | Leave a comment »
Posted on July 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Another win for the Law Offices of Brian D. Lerner, APC: Removal proceedings terminated w/o prejudice by IJ. Respondent’s conditional residency was terminated and he was placed in proceedings after he and his now ex-wife failed to appear for their I-751 interview. We filed a hardship waiver and divorce waiver but then Client remarried and had a baby. After filing the I-130, DHS agreed to terminate.
Client should be receiving an interview notice soon.
Removal proceedings
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Filed under: Removal Proceedings | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, removal order, Removal Proceedings | Leave a comment »
Posted on July 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
New Win for the Law Offices of Brian D. Lerner, APC: In absentia MTR granted by IJ . Client was ordered removed after her case was transferred from Missouri to Los Angeles and then she failed to appear. The Notice of Hearing was sent to her correct address but she did not receive it.
Removal
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Filed under: removal order | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, Removal, removal order, removal orders, Removal Proceedings | Leave a comment »
Posted on June 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. and Cuba met in the third meeting on US-Cuba Migration Accords implementation. The agenda reflected U.S. priorities on Cuba migration issues including gaining Cuban Government acceptance for repatriation of Cuban nationals subject to removal on criminal grounds.
Cuba – immigration
Cuban green card
US Cuba migration accords implementation
US and Cuba historic meeting in Havana
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Posted on June 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BIA vacated and remanded, finding that in removal proceedings, the antique firearm exception is an affirmative defense that must be sufficiently raised by an alien charged under INA § 237(a)(2)(C).
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Filed under: Removal Proceedings | Tagged: antique firearms, BIA, Deportation, deportation attorney, deportation lawyer, Deportation or Removal Hearings, deportation order, Immigration, Immigration Attorney, Immigration Lawyer, Removal, removal order, removal orders, Removal Proceedings | Leave a comment »
Posted on June 21, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on June 16, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
New BIA case re: firearms: (1) In removal proceedings, the antique firearm exception in 18 U.S.C. § 921(a)(3)(2006)is an affirmative defense that must be sufficiently raised by an alien charged under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2006),
as an alien who has been convicted of an offense involving a firearm.
(2) Where the Department of Homeland Security has presented evidence that an alien has been convicted of an offense involving a firearm, it has met its burden of presenting clear and convincing evidence of deportability, and the burden then shifts to the respondent to show that the weapon was, in fact, antique.
Aliens removal hearing
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BIA rules on withholding of removal
Filed under: Removal | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, removal order, removal orders, Removal Proceedings | Leave a comment »
Posted on June 8, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on June 2, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A new case re: res judicata: Res judicata does not prevent the government from using a previous conviction in connection with second removal proceedings based on its combination with a newly arising conviction when the combination of these convictions constitutes a claim that could not possibly have been litigated during the first removal proceedings. Arizona statute allowing petitioner to vacate previous conviction was for rehabilitative purposes, and government could therefore use the conviction in subsequent removal proceeding.
Mendoza v. Holder
Cancellation of removal
Got voluntary departure?
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Removal
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