Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Naturalization and expungement granted for crime for Client who can now travel to Canada without any problems. https://cbocalbos.wordpress.com/tag/immigration-wins/ https://cbocalbos.wordpress.com/tag/immigration-win/ https://cbocalbos.wordpress.com/tag/expungement/ https://californiaimmigration.us/los-angeles-deportation-law-firm/appeals/
The Second Circuit denied the petition for review, holding that even though the New York law under which the petitioner was convicted for possession of child pornography lacks an interstate commerce element that is present in the analogous federal child pornography statute, the petitioner’s conviction qualified as an aggravated felony under the INA in light …
USCIS recently published a final rule amending 8 CFR §274a.12(b)(20) to authorize continued employment for up to 240 days for H-1B1 (Chile, Singapore), E-3 (Australia) and CW-1 (Commonwealth of the Northern Mariana Islands) nonimmigrants whose status has expired, provided that the employer filed a timely extension of stay with USCIS. The amended regulation took effect …
The Ninth Circuit held that the Flores settlement agreement applies to both minors who are accompanied and unaccompanied by their parents, and that the lower court correctly refused to amend the agreement to accommodate family detention. The court also found that the lower court erred in interpreting the agreement to provide an affirmative right to …
The Second Circuit held that the BIA’s decision declining to certify the petitioner’s untimely appeal of his removal order was a discretionary determination and, accordingly, was not subject to judicial review.
The Ninth Circuit granted in part and denied in part the petition for review, holding that petitioner’s ineffective assistance of counsel claim did not warrant equitable tolling of the limitations period for his untimely filed motion to reopen. However, the court also found that the BIA’s decision declining to exercise its sua sponte authority to …
In a precedent decision issued today, the BIA held that a false claim to U.S. citizenship falls within the scope of INA §212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the false claim was made with the subjective intent of obtaining a purpose or benefit under the INA or any other federal or state …
DHS will publish in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen or lawful permanent resident (LPR) spouse or parent. This final rule adopts the proposed …
The Second Circuit affirmed the district court, finding that a reinstated removal order is not final during the pendency of withholding-only proceedings, and thus, the detention of individuals with reinstated orders of removal and in withholding-only proceedings is governed by INA §236(a), which permits release on bond. https://cbocalbos.wordpress.com/tag/bond/ https://cbocalbos.wordpress.com/tag/bond-hearing/ https://cbocalbos.wordpress.com/tag/bond-hearings/ https://californiaimmigration.us/removal/judicial-review/
The Fifth Circuit granted the petition for review of the denial of the Ethiopian petitioner’s application for asylum and withholding of removal, finding that the BIA failed to consider several factors essential to determining whether one central reason for the Ethiopian government’s detention and maltreatment of the petitioner was persecution on account of a protected …
The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.
The Fifth Circuit granted the petition for review, holding that the 90-day deadline for filing motions to reopen can be equitably tolled, and remanding for the BIA to determine if equitable tolling was appropriate in the petitioner’s case. The court urged the BIA not to apply the equitable tolling test “too harshly,” noting the difficulties …
The Sixth Circuit granted the petition for review, concluding that the U.S. Supreme Court’s decision in Johnson v. United States, which held that the Armed Career Criminal Act’s residual definition of “violent felony” was void for vagueness, applied to the INA’s parallel definition of “crime of violence.” The court thus held that INA §101(a)(43)(F)’s residual …
Applying the U.S. Supreme Court’s decision in Mathis v. United States, the Fifth Circuitvacated the BIA’s judgment and remanded, holding that the petitioner’s prior Texas misdemeanor assault conviction did not qualify as a “crime involving moral turpitude” that rendered him ineligible for cancellation of removal. https://cbocalbos.wordpress.com/tag/assault/ https://cbocalbos.wordpress.com/tag/conviction-for-assault-with-a-deadly-weapon/ https://cbocalbos.wordpress.com/tag/crime-moral-turpitude/ https://californiaimmigration.us/los-angeles-deportation-law-firm/removability-grounds-are-many-when-you-are-a-green-card-holder-get-a-deportation-attorney-tho-help-you/
The DOJ filed a petition for rehearing with the U.S. Supreme Court in United States v. Texas, asking the Court to rehear the case when a ninth Supreme Court justice is confirmed. Last month, the Court deadlocked with a 4-4 tie in the case, which concerns President Obama’s expanded DACA and DAPA programs. https://cbocalbos.wordpress.com/tag/petition-for-rehearing/ https://cbocalbos.wordpress.com/tag/rehearing/ …