USCIS announces that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2011 since the filing window opened on April 1 last year.
Filed under: H-1B Cap for FY2011, Immigration Court, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, H-1B Cap for FY2011, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a Comment »
The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful standard to allow court review of sua sponte reopening. (Mejia-Hernandez v. Holder, 1/27/11)
Filed under: Decision on Review of Sua Sponte Reopening, Immigration Attorney, Immigration Court, Immigration Lawyer, Supreme court | Tagged: Brian D. Lerner, Decision on Review of Sua Sponte Reopening, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a Comment »
The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)
Filed under: Aggravated Felonies, Immigration Attorney, Immigration Court, Immigration Lawyer, New York Penal Law §263.05, Sexual Abuse of a Minor | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, New York Penal Law §263.05, sexual abuse of a minor | Leave a Comment »
The court remanded, finding the record inconclusive as to how Petitioner violated Cal. Health & Safety Code §11352(a), and that the BIA erred in concluding he had been convicted of an aggravated felony trafficking offense. (Young v. Holder, 1/28/11)
Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner violated Cal. Health & Safety Code §11352(a) | Leave a Comment »
The court found that the harm suffered by Petitioner did not rise to the level of persecution and that her returns to Indonesia, and the presence of family in Indonesia without further violence, undercut her fear of future persecution. (Ritonga v. Holder, 1/28/11)
Filed under: Denial of Indonesian Asylum Claim, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Denial of Indonesian Asylum Claim, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a Comment »
The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel, and that 8 CFR §1003.1 clearly allows a single member to issue such an opinion. (Ward v. Holder, 1/21/11)
Filed under: BIA, Immigration Attorney, Immigration Court, Immigration Lawyer, Three (3) Member Panel | Tagged: BIA, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Three (3) Member Panel | Leave a Comment »
The court found that the harm inflicted on Petitioner, who was punched repeatedly by family planning officials and detained for two days after his wife was taken away for an abortion, did not rise to the level of persecution. (Liu v. Holder, 1/24/11)
Filed under: BIA, Family planning claim, Immigration Attorney, Immigration Court, Immigration Lawyer | Tagged: BIA, Brian D. Lerner, Family planning claim, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a Comment »
The court reversed the adverse credibility finding as improperly based on the IJ’s perception of Petitioner’s ignorance of Christian doctrine, misstatements that did not go to the heart of the claim, and insufficient evidence of evasiveness. (Li v. Holder, 1/19/11)
Filed under: Immigration Attorney, Immigration Court, Immigration Judges, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Judges, Immigration Lawyer, Law Offices of Brian D. Lerner, Petitioner’s Ignorance of Christian Doctrine | Leave a Comment »
The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers.
Filed under: Asylum Application, Immigration Attorney, Immigration Court, Immigration Lawyer, Lawyers have a Duty to Investigate all Grounds for Asylum, USCIS | Tagged: asylum, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Lawyers have a Duty to Investigate all Grounds for Asylum | Leave a Comment »
The court held that it lacked jurisdiction to review the denial of voluntary departure for a petitioner who received passport stamps from an undercover agent as part of a sting operation to target corrupt immigration officials. (Pawlowska v. Holder, 10/22/10)
Filed under: Corrupt Immigration Officials, Immigration Attorney, Immigration Court, Immigration Lawyer, Review the denial of Voluntary Departure, USCIS, Voluntary Departure | Tagged: Brian D. Lerner, Corrupt Immigration Officials, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Review the denial of Voluntary Departure | Leave a Comment »
