Petitioners’ Motion to Remand denied

Posted on January 26, 2011 by Brian D. Lerner

The court denied Petitioners’ motion to remand, rejecting their attempt to base a claim for asylum on the fear that their recently born U.S. citizen daughter would be subjected to FGM upon the family’s removal to Guinea. (Mariko v. Holder, 1/24/11)

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Petitioner mental anguish and physical paralysis, constituted past persecution

Posted on January 3, 2011 by Brian D. Lerner

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

Filed under: asylum, Immigration Attorney, Immigration Court, Immigration Lawyer, Past Persecution, USCIS | Tagged: , , , , , , | Leave a Comment »

Court remanded the Asylum case of a Falun Gong Practitioner

Posted on December 7, 2010 by Brian D. Lerner

The court remanded the asylum case of a Falun Gong practitioner, finding that the evidence established that the petitioner was subject to a well-founded fear of persecution on return to China. (Qiu v. Holder, 7/12/10)

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Concern on Counsel’s part to meet multiple court deadlines

Posted on December 7, 2010 by Brian D. Lerner

The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (Umezurike v. Holder, 7/9/10)

Filed under: asylum, Attorney's Failure to meet deadlines, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a Comment »

BIA interpretation in Asylum Cases

Posted on December 7, 2010 by Brian D. Lerner

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)

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BIA on Exceptional Circumstances ruling

Posted on September 10, 2010 by Brian D. Lerner

Board of Immigration Appeals erred as a matter of law in ruling aliens seeking discretionary relief can never demonstrate “exceptional circumstances.” Deciding whether exceptional circumstances are present requires a consideration of all facts in a specific case, including but not limited to the probability of the petitioner obtaining relief. Where petitioner began asylum process in [...]

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Preparation of Asylum Application

Posted on July 19, 2010 by Brian D. Lerner

How to prepare an Asylum Application – Avvo.com http://ping.fm/1mlAo

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Presentation of Case for Refugee Status

Posted on March 17, 2010 by Brian D. Lerner

Case Presentation to the INS The steps that refugee applicants follow before their eligibility interviews with BCIS officers vary. Many applicants are referred to the United States Refugee Program (USRP) for resettlement consideration by officials of the United Nations High Commissioner for Refugees (UNHCR), while a smaller number are referred by a U.S. Embassy or [...]

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What will be expected of me as a new arrival?

Posted on March 15, 2010 by Brian D. Lerner

Americans value hard work and initiative. You should try to get a job as quickly as possible. Many refugees’ families like many American families find that both husband and wife must work. Lack of English language skill will not prevent you from getting a job, but it may limit the kind of job you can [...]

Filed under: asylum, Immigration Attorney, los angeles immigration attorney, refugee, U.S. Refugee Program | Tagged: , | 1 Comment »

What can I expect if I am resettled in the United States?

Posted on March 15, 2010 by Brian D. Lerner

 The United States is a land of great diversity. Refugees may be resettled in small towns or big cities. If you have a close relative already in the U.S., you will probably be resettled where they live. If you do not, a resettlement agency will decide the best place for you based on the availability [...]

Filed under: asylum, Immigration Attorney, los angeles immigration attorney, refugee, U.S. Sponsorship | Tagged: , | Leave a Comment »

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