Mandatory Detention is not so Mandatory

Posted on July 1, 2010 by Brian D. Lerner

Question: I have a friend who is in detention and I am being told he cannot get out because of mandatory detention. Can you elaborate what this is and why is he not permitted to exit? Answer:  After 1996, the Immigration Laws were much more severe, including a very wide based mandatory detention policy. However, [...]

Filed under: Immigration Attorney, los angeles deportation lawyer, los angeles immigration attorney, los angeles immigration lawyer | Tagged: , , | Leave a Comment »

Judicial Review

Posted on March 17, 2010 by Brian D. Lerner

  The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 included restrictions on federal judicial review of deportation, exclusion and removal cases. Former INA § 106, passed in 1961 by the United States Congress, had provided the basis for judicial review of immigration matters until its elimination by IIRIRA which replaced it with INA [...]

Filed under: Deportation, deportation attorney, Immigration Attorney, los angeles deportation lawyer, los angeles immigration attorney | Tagged: , | Leave a Comment »

What are Grounds of Deportation?

Posted on March 17, 2010 by Brian D. Lerner

Aliens are subject to removal from the United States for the following grounds of deportation: • Status violations: Persons who violate their immigration status in the United States may be subject to removal. Persons inadmissible at the time of entry are subject to removal under INA § 237(a)(1)(A) [8 U.S.C.A. § 1227(a)(1)(A)], which incorporates all [...]

Filed under: Deportation, deportation attorney, Immigration Attorney, los angeles deportation lawyer, los angeles immigration attorney | Tagged: , | 11 Comments »

Crimes of Moral Turpitude

Posted on March 12, 2010 by Brian D. Lerner

 Alien’s conviction for credit card fraud in violation of California Penal Code Sec. 532a(1) was a crime involving moral turpitude. Absent an explicit adverse credibility finding, immigration judge may not require corroboration of alien’s testimony. Tijani v. Holder – filed March 11, 2010 Cite as 05-70195

Filed under: deportation attorney, Immigration Attorney, los angeles deportation lawyer, los angeles immigration attorney, moral turpitude | Tagged: , | Leave a Comment »

New Immigration Case about Asylum from Iran

Posted on March 12, 2010 by Brian D. Lerner

Alien seeking to reopen removal proceedings failed to provide evidence of changed conditions in Iran where proffered evidence recounted generalized conditions in Iran similar to those that existed during alien’s initial asylum hearing and failed to show how alien’s predicament was appreciably different from the dangers faced by her fellow citizens. Failure by Board of [...]

Filed under: deportation attorney, Immigration Attorney, los angeles deportation lawyer, los angeles immigration attorney, Removal Proceedings | 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 »

Denial of petitions and removal are issued for drug conviction

Posted on March 10, 2010 by Brian D. Lerner

Removal qualifications are clarified under new standards of of petitions. CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach

Filed under: controlled substance, conviction, deportation lawyer, Immigration Attorney, los angeles deportation lawyer, Removal Proceedings | Tagged: , | Leave a Comment »

Adjustment granted in Court after 4 years of waiting

Posted on March 10, 2010 by Brian D. Lerner

Adjustment of Status under 245A finally approved (immediate relative: step-father to child). Case has been pending for approximately 4 years. First in absentia MTR was granted and then AOS. Only issue was whether Client was adopted or not (no adoption papers in the file) but adoption was not nessary because Client qualified as a step [...]

Filed under: Adoption, deportation attorney, Immigration Attorney, los angeles deportation lawyer, MTR | Tagged: , | Leave a Comment »

New agreement with governmental departments to transfer parolees to be deported

Posted on March 10, 2010 by Brian D. Lerner

In an effort to control the number of deported convicted parolees governmental agencies have come to a mutual agreement. The New Hampshire Department of Corrections announced the transfer of the first eligible parolees to the jurisdiction of ICE to be deported through a new agreement between NH and ICE under the Rapid REPAT (Removal of [...]

Filed under: conviction, Deportation, deportation attorney, los angeles deportation lawyer, REPAT Program | Tagged: , | Leave a Comment »

Criminal and Immigration Lawyers must work together to help you

Posted on March 10, 2010 by Brian D. Lerner

Question: I have have committed a crime, but do not know if I should plead guilty or not and if I do plead guilty, I do not know what I should plead to. Should I hire an Immigration Lawyer? Should I hire a Criminal Lawyer? Should I hire Criminal and Immigration Lawyers? Answer: These are [...]

Filed under: Deportation, deportation attorney, los angeles deportation lawyer, Removal Proceedings, waiver | Tagged: , | 3 Comments »

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