Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
The court held that the BIA interpretation of §1003.(d)(3) in In re A-S-B- cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)
The court held that under 8 C.F.R. § 1240.26(i), it cannot stay a grant of voluntary departure after a petitioner seeks judicial review because the grant has already terminated. (Patel v. U.S. Att’y Gen., 8/24/10)
The court remanded the case for the BIA to clarify whether it considered the date that petitioner was first admitted as a conditional permanent resident in its finding that he was ineligible for §212(c) relief (Gallimore v. U.S. Att’y Gen., 8/16/10)
USCIS executive summary from the 11/09/10 teleconference on overseas filings of Form I-130, Petition for Alien Relative. USCIS indicated that it is reviewing options to have all I-130 forms adjudicated domestically, as more than 95% of all I-130 forms are filed in the U.S.
San Diego Chapter USCIS Liaison Minutes from 11/16/10. The minutes address adjudication of I-130 petitions for beneficiaries in removal proceedings; advance notice to applicants for lengthy interviews; reminder about CIS fee increase; and stakeholder meeting on December 7.
Update on Ciudad Juarez provided by DOS and USCIS officials at the Catholic Legal Immigration Network, Inc. (CLINIC) family immigration conference in El Paso, TX, Nov. 3-4, 2010.
The court held that a false representation of citizenship by an alien for the purpose of obtaining private employment is a “purpose or benefit” under the INA, done, at the very least, for the “purpose” of evading §1324a’s provisions. (Ferrans v. Holder, 7/12/10)
The debtor can cure a long term debt and get it reinstated without default. Another option is that the secured creditor accepts the Plan. In many jurisdictions if the creditor fails to object to the Plan, that creditor has accepted the Plan. The third option is to surrender collateral to pay off the debt. If …
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