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Another win from the Law Offices of Brian D. Lerner

Cancellation of Removal (42A) granted by IJ .  Client had 2 DUIs, a reckless driving and a discharge of a firearm in gross negligence.  Firearm offense would have stopped time if it was a CIMT.  Established through testimony that it was not a CIMT and Judge granted case.  Client had a long work history and one minor child but not too many other equities.

Cancellation of Removal

Cancellation of Removal (42A) granted by IJ .  Client had 2 DUIs, a reckless driving and a discharge of a firearm in gross negligence.  Firearm offense would have stopped time if it was a CIMT.  Established through testimony that it was not a CIMT and Judge granted case.  Client had a long work history and one minor child but not too many other equities.

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Another win for the Law Offices of Brian D. Lerner

In absentia MTR granted by IJ Fong.  NTA was sent to Client’s address listed on his I-589 more than 4 years after he applied for asylum but he was no longer living at that address.  Motion granted based on Client’s declaration, daughter’s declaration and utility bills showing a change of address.  According to IJ Order, the NTA and Notice of Hearing were also “returned to sender.”

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Another win for the Law Offices of Brian D. Lerner

Adjustment granted for Client with with a possession conviction (expunged) and firearm offense.  Case went to the 9th Circuit and back and eventually proceedings were terminated so Client could adjust.  No issues and no waiver needed.

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Another win at the Law Offices of Brian D. Lerner

1016.5 motion granted by Judge Schwarz.  PC 11378 (possession for sale of meth) dismissed.  In 2001, DA asked Client if he was a USC, Client said yes and therefore, no 1016.5 advisals given.  Same judge that heard the case in 2001 granted the motion, she essentially blamed it on the old DA.

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