The court held that the BIA and the immigration judge had misstated the court’s precedent in three ways in determining that the harm the Honduran petitioner had suffered did not rise to the level of past persecution, including by requiring the petitioner to show severe physical harm.
Filed under: best deportation attorney | Tagged: asylum, BIA, cats, third circuit | Leave a comment »
The Third Circuit found that the jurisdiction-stripping provision of the INA operates as an unconstitutional suspension of the writ of habeas corpus as applied to Special Immigrant Juvenile (SIJ) designees seeking judicial review of expedited removal.
Filed under: best deportation attorney | Tagged: INA, sij, special immigrant juvenile petition, third circuit | Leave a comment »
The Third Circuit reversed the BIA and remanded, holding that 8 CFR §245.1(i), which effectively bars K-4 visa holders who were between 18 and 21 years old when their parent married a U.S. citizen from obtaining lawful permanent residence without first returning to their home country, is invalid, because it is “manifestly contrary” to the INA. Accordingly, the court found that the petitioner, a K-4 visa holder who was 19 years old when her mother married a U.S. citizen, was eligible to adjust her status to that of a lawful permanent resident.
Filed under: k-4 | Tagged: 245.1, Immigration, Immigration Attorney, Immigration Court, Immigration Law, Immigration Lawyer, k-4, third circuit | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 