Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The court found reasonable the BIA’s determination that robbery under Cal. Penal Code §211 is a crime involving moral turpitude for purposes of INA §212(a)(2)(A)(i)(I). (Mendoza v. Holder, 10/27/10) crime involving moral turpitude crime of moral turpitude Crimes of Moral Turpitude Multiple Laws Exist to Make You Removable
The court held that an alien released on conditional parole under INA §236 is not “paroled into the United States” for purposes of eligibility for adjustment of status under INA §245. (Delgado-Sobalvarro v. Att’y Gen. of the U.S., 11/2/10) Adjustment of Status Conditional parolee not eligible for adjustment of status AOS 245(i) Cases
The court held that misdemeanor false imprisonment in violation of Cal. Penal Code §236 is not categorically a crime involving moral turpitude. (Saavedra-Figueroa v. Holder, 11/5/10) Misdemeanor false imprisonment in violation of CA Penal Code §236 crime involving moral turpitude crime of moral turpitude Wins
The court dismissed Petitioner’s claim as administratively unexhausted, but implored its colleagues that when a similar case is next presented, to hold that slight tardiness to one’s hearing does not qualify as a failure to appear. (Camaj v. Holder, 11/8/10) Failure to Appear Immigration Attorney inland empire immigration attorney BIA Remands Case Where Defendant Appeals …
The court held that the decision to deny administrative closure is a procedural ruling which the court may review under an abuse of discretion standard to determine whether Petitioner has received a full and fair hearing. (Vahora v. Holder, 11/15/10) administrative closure Motion for Administrative Closure Decision to deny administrative closure deportation-attorney helps clients in …
The court remanded where the IJ and BIA assumed that the father of Petitioner’s children would remain a source of the children’s support in the event of Petitioner’s deportation, and ignored the possibility of the father’s deportation. (Champion v. Holder, 11/22/10) USC Father BIA bia board of immigration appeals Victory for Due Process of Aliens
The court remanded to determine whether failure to register as a sex offender in violation of Wisconsin Statute §301.45(2)(a) is a crime involving moral turpitude under the analysis set forth inMatter of Silva-Trevino. (Mata-Guerrero v. Holder, 11/24/10) Failure to register as a sex offender Registered Sex Offenders Violation of Wisconsin Statute §301.45(2)(a) The Walsh Waiver. …
Over dissent, the court found that the cumulative effect of multiple confrontations and threats by the Communist Secret Police in Mongolia, which caused Petitioner mental anguish and physical paralysis, constituted past persecution. (Javhlan v. Holder, 12/3/10 Past Persecution Rebut Past Persecution asylum Past Persecution: You can still get asylum
For purposes of rescinding an in absentia order under former INA §242B, the alien must not only establish lack of actual notice, but also that the lack of notice was due to a reason other than failure to provide a current address. (Sanchez v. Holder, 12/6/10) Reopening an in absentia order deportat order in absentia …
The court found that the BIA applied an incorrect legal standard in its consideration of Petitioner’s CAT claim and remanded for reconsideration under the “actual knowledge” or “willful blindness” standard. (Hakim v. Holder, 12/13/10) Petitioner’s CAT claim CAT cats Victory for Due Process of Aliens
DOJ press release announcing the appointment of Juan Osuna as Acting Director for the Executive Office for Immigration Review (EOIR). Juan Osuna previously worked as an Associate Deputy Attorney General working on immigration policy and other issues. EOIR EOIR has taken disciplinary action against 16 attorneys for violations of the Rules of Professional Conduct eoir …
The DOS Liaison Committee reminds members that despite visa retrogression for various immigrant visa categories, posts should issue immigrant visas with a full six-month validity, even if the applicant’s immigrant visa category will retrogress. Immigrant Visa Retrogression Visa retrogression for various immigrant visa categories DOS Retrogression is always a possibility when awaiting a Visa
The court refused to suppress evidence of Petitioner’s alienage, finding no egregious 4th Amendment violation where no allegations of misconduct were asserted beyond a claim of a lack of probable cause at the time of his arrest. (Puc-Ruiz v. Holder, 12/23/10) Finding no egregious 4th Amendment violation 4th amendment Amendment Violation 4th amendment violation
The Vermont Service Center (VSC) Liaison committee offers practitioners pointers in order to maximize the likelihood of securing a three-year H-1B extension for petitions involving placement at third-party worksites. three-year H-1B extension for petitions h-1b immigration attorney H-1B H-1B extension
The Solicitor General’s Brief in Opposition to Certiorari in Bradley v. Holder confirms that notwithstanding Bradley and similar cases, USCIS has discretion to adjust the status of immediate relative VWP overstays no matter when the I-485 is filed. Immediate Relatives USCIS has discretion to adjust the status of immediate relative adjust status immediate relative