Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Another case in the 9th Circuit re: forced abortion and asylum for the husband: -Immigration Law- Attorney general’s interpretation of INA Sec. 101(a)(42)–that statute does not prevent the spouse of a person who has physically undergone a forced abortion or sterilization procedure from qualifying for political asylum–was entitled to Chevron deference. Forced abortion, in which …
Another Immigration Case re: administrative review: Appellate court lacked jurisdiction to consider whether an immigration judge has authority to determine whether an alien is a lawful permanent resident, since alien did not present this claim at administrative proceedings. Alien convicted of a felony within the United States was inadmissible as a permanent resident; where such …
Best Deportation Lawyer needed for Removal Proceedings Question: I am in deportation proceedings and I have no idea what to do. Can you help me? Answer: First, you want to make sure to hire the best deportation lawyer. There is a myriad of things that can go wrong. You have to remember that the Immigration …
Good news from the BIA: Aliens who are otherwise eligible to adjust status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), are not subject to the unauthorized employment restrictions of sections 245(c) and the exception for such employment in section 245(k) that apply to applications for adjustment of status …
(1) In making a frivolousness determination, an Immigration Judge may incorporate by reference any factual findings made in support of an adverse credibility finding, so long as the Immigration Judge makes explicit findings that the incredible aspects of the asylum application were material and were deliberately fabricated. Matter of Y-L-, 24 I&N Dec. 151 (BIA …
(1) The term “conspiracy” in section 101(a)(43)(U) of the Immigration and Nationality Act,8 U.S.C. § 1101(a)(43)(U) (2006), is not limited to conspiracies that require the commission of an overt act in furtherance of the conspiracy by one of the conspirators. (2) An alien who was only convicted of conspiracy to commit an aggravated felony and …
Another new case re: ‘Son’: An individual whose mother is a U.S. citizen continues to be “the son of a citizen of the United States,” as set forth at 8 U.S.C. Sec. 1227(a)(1)(H)(i), after his mother’s death.Federico v. Holder Claiming to be a U.S. citizen U.S. citizen Claim to U.S. citizenship Why am I being …
-Immigration Law- Arizona law criminalizing sexual conduct with a minor under 18 years of age does not meet the federal generic offense of sexual abuse of a minor and is not an aggravated felony for purposes of immigration law. Rivera-Cuartas v. Holder – filed May 20, 2010 Aggravated felony A felony Aggravated felony, crime of …
(1) The 90-day time limitation for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1)(2010) applies to motions to reopen in absentia deportation orders for the purpose of adjusting status, whether filed before or after the 1996 promulgation of the regulations. (2) The 5-year limitation on discretionary relief for failure to appear at deportation …
-Immigration Law-Offense of aggravated assault under the Canada Criminal Code is not categorically a crime involving moral turpitude.Uppal v. Holder Aggravated felonies What is an aggravated felony? Aggravated felony bar Victim of crime?
Immigration judge had discretion to require corroborating evidence from an otherwise credible witness in an asylum hearing. Judge did not err in barring asylum application as untimely in the absence of corroboration of petitioner’s date of entry or an explanation for the deficiency. Singh v. Holder Asylum Appeal asylum Asylum agreements Asylum seekers
NINTH U.S. CIRCUIT COURT OF APPEALS -Immigration Law- Where alien was granted permanent resident status on a conditional basis based on a petition filed by his U.S. citizen wife, but wife withdrew her support of petition before it was adjudicated, burden shifted from government to alien to prove marriage had been entered into in good …
NINTH U.S. CIRCUIT COURT OF APPEALS –Immigration Law-Petitioner’s unborn daughter was not a qualifying relative for purposes of cancellation of removal for exceptional and extremely unusual hardship where she did not meet the statutory definition of “child” at the time of petitioner’s hearing.Partap v. Holder Cancellation of removal Cancellation of removal meaning Removal Removal proceedings
This client is under 245(i) because spouse filed an I-130 on 1/05/1998 so no physical presence requirement of December 20, 2000. She committed fraud by claiming to be a U.S. Citizen, but normally, this would be a permanent bar to admissibility. We argued that it was pre IRAIRA and only a fraud waiver was needed. …
Person had deportation order, then we filed an employment based petition, and I-140 and got approval, then got the approved adjustment Best deportation attorney Find a good deportation lawyer Deportation proceedings Is it easy to win a deportation?