The REAL ID Act did not overrule Sandoval-Lua

Posted on January 17, 2011 by Brian D. Lerner

The REAL ID Act did not overrule Sandoval-Lua, which held that the alien’s burden of proving eligibility for cancellation is met where the record of conviction is inconclusive as to whether the crime is an aggravated felony. (Rosas-Castaneda v. Holder, 1/4/11)

Filed under: Aggravated Felonies, Cancellation of Removal, Immigration Attorney, Immigration Lawyer, REAL ID Act | Tagged: , , , , , , | Leave a Comment »

“Has been” interpretation in the Cancellation of Removal

Posted on December 13, 2010 by Brian D. Lerner

For purposes of INA §240A(a) cancellation, the term “has been” lawfully admitted for permanent residence means that the alien must currently possess LPR status. It does not include a person who held that status but has since lost it.

Filed under: Cancellation of Removal, Immigration Attorney, Immigration Lawyer, LPR, USCIS | Tagged: , , , , , | Leave a Comment »

Cancellation of Removal for Non-Permanent Residents

Posted on August 30, 2010 by Brian D. Lerner

Cancellation of Removal for Non-Permanent Residents in Removal or Deportation Hearings – Avvo.com http://ping.fm/BP6d1

Filed under: Cancellation of Removal, Immigration Attorney, Immigration Lawyer, Non LPR, Removal or Deportation Hearings | Tagged: , , , , , | Leave a Comment »

Crime involving Moral Turpitude

Posted on August 26, 2010 by Brian D. Lerner

<< (1) An alien who has been convicted of a crime involving moral turpitude for which a sentence of a year or longer may be imposed has been convicted of an offense “described under” section 237(a)(2) of the Act, 8 U.S.C. § 1227(a)(2)(2006), and is therefore ineligible for cancellation of removal under section 240A(b)(1)(C) of [...]

Filed under: Cancellation of Removal, conviction, Crimes of Moral Turpitude, Immigration Attorney, Immigration Lawyer | Tagged: , , , , , | Leave a Comment »

Circuit Court of Appeal Reverses BIA denial of Asylum

Posted on March 10, 2010 by Brian D. Lerner

Immigration Law- Where petitioner was threatened, harassed, fined, detained, and beaten because he opposed systemic government corruption perpetrated by a powerful politician and government official, including the extortion of bribes, the Board of Immigration Appeals erred in concluding that he was ineligible for asylum for failing to establish a nexus between his mistreatment and a [...]

Filed under: asylum, Cancellation of Removal, deportation attorney, Immigration Attorney, withholding of removal | Tagged: , | Leave a Comment »

Stepparent

Posted on March 10, 2010 by Brian D. Lerner

A stepparent who qualifies as a “parent” under section > 101(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(2) > (2006), at the time of the proceedings is a qualifying relative for purposes of > establishing exceptional and extremely unusual hardship for cancellation of > removal under section 240A(b)(1)(D) of the Act, 8 [...]

Filed under: Cancellation of Removal, deportation attorney, Immigration Attorney, los angeles deportation lawyer, Qualifying Relatives | Tagged: , | Leave a Comment »

Legal Guide on Cancellation of Removal

Posted on March 10, 2010 by Brian D. Lerner

Determine if you are a Resident or a Non-Resident 1 There are different standards of proof for Cancellation depending on whether you are a resident or nonresident. If you are a resident, you must only show 7 years of physical presence, not 10 years. 2 Get docmentation for the all the years of physical presence [...]

Filed under: Cancellation of Removal, Deportation, deportation attorney, Immigration Attorney, los angeles immigration attorney | Tagged: , | 1 Comment »

Title: New Hope for Aliens in Removal Proceedings

Posted on December 23, 2009 by Brian D. Lerner

The Board of Immigration Appeals issued a decision, In re Ariadna Angelica Gonzalez, et al. (23 I & N Dec. 467, Interim Decision #3479, BIA 2002) on September 19, 2002 that seems to ease some of the restrictions on applying for cancellation of removal. When an alien is placed into removal proceedings (previously referred to [...]

Filed under: Cancellation of Removal, Immigration Law, immigration provisions, Removal Proceedings, USCIS | Tagged: , | Leave a Comment »

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