Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)
The court remanded, finding the record inconclusive as to how Petitioner violated Cal. Health & Safety Code §11352(a), and that the BIA erred in concluding he had been convicted of an aggravated felony trafficking offense. (Young v. Holder, 1/28/11) Petitioner: questions and answers Petitioner to pursue an argument never presented to the BIA Petitioner income …
The court found that the harm suffered by Petitioner did not rise to the level of persecution and that her returns to Indonesia, and the presence of family in Indonesia without further violence, undercut her fear of future persecution. (Ritonga v. Holder, 1/28/11) https://cbocalbos.wordpress.com/tag/asylum-2/ https://cbocalbos.wordpress.com/tag/appeal-asylum/ https://cbocalbos.wordpress.com/tag/asylum/ https://californiaimmigration.us/asylum/
BALCA affirmed the CO’s denial and rejected the employer’s argument that he was forced to submit the application without the alien’s signature because the alien currently works in a rural region of Kosovo with limited mail service. (Matter of Café Italiano, 1/27/11) https://cbocalbos.wordpress.com/tag/denial-of-unsigned-eta-9089/ https://cbocalbos.wordpress.com/tag/eta/ https://cbocalbos.wordpress.com/tag/eta-9089/ https://californiaimmigration.us/our-immigration-law-firm/
DOS authorized the voluntary departure of dependents and non-emergency employees of the U.S. Embassy in Cairo. The Embassy is open for emergency services for U.S. citizens only until further notice. No arrangements have been announced for rescheduling IV or NIV appointments.
The Office of the Chief Administrative Hearing Officer (OCAHO) found that the penalties sought by ICE were disproportionate to the company’s size and resources, and ordered the respondent to pay $27,150 in civil penalties for failure to prepare and/or properly complete I-9 forms. (U.S. v. Snack Attack Deli, Inc., 12/22/10)
DHS extension of the comment period on the interim rule, Professional Conduct for Practitioners: Rules, Procedures, Representations, and Appearances. This rule was effective 3/4/10. Comments are due by 3/2/11. (76 FR 5267, 1/31/11) (75 FR 5225, 02/02/10)
The USCIS Liaison Committee is seeking examples of recent EB-1-1 RFEs and denials where the newly-revised RFE template based on the agency’s interpretation of Kazarian was used. https://cbocalbos.wordpress.com/tag/eb-1/ https://cbocalbos.wordpress.com/tag/eb-1a/ https://cbocalbos.wordpress.com/tag/eb-1c/ https://californiaimmigration.us/
Question: I understand that I can try to get a person who has specialized knowledge to come over in my company which was previously approved under an L-1 Visa. Can you let me know the specifics? Answer: The statutory language defining “specialized knowledge” is not simple or clear. Specialized knowledge is a foreign national that …
ICE Press Release announcing that the driver of the truck used in a smuggling operation that resulted in the deaths of 19 foreign nationals in Victoria, TX, was re-sentenced to 33 years and nine months in federal prison for charges relating to the 19 deceased victims.
USCIS invitation for a 2/9/11 teleconference on the Help Haiti Act of 2010, with the purpose of providing families of paroled Haitian orphans with information about filing for lawful permanent residence in order to get a green card. Instructions for the call are included.
USCIS offers legal requirements for signatures on all petitions and applications, as well as signatures by attorneys and accredited representatives for Form G-28. USCIS notes that signatures must be original for each form submitted. https://cbocalbos.wordpress.com/tag/g-28-requirements/ https://cbocalbos.wordpress.com/tag/form-g-28/ https://cbocalbos.wordpress.com/tag/g-28-attorneys/ https://californiaimmigration.us/our-immigration-law-firm/
Justice Department Complaint for Forfeiture against real estate owned by an officer of Tri-Valley University in connection with ICE investigation of alleged SEVIS violations.
DOJ Office of Special Counsel (OSC) newsletter for the first quarter of 2011, covering new guidance on Social Security number mismatches, telephone interventions, recent OSC enforcement activity, the new website launched by the Criminal Rights Division and OSC, and more.
The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel, and that 8 CFR §1003.1 clearly allows a single member to issue such an opinion. (Ward v. Holder, 1/21/11)