The court held that the BIA did not err in concluding that the departure bar under 8 CFR §1003.2(d) divested it of jurisdiction to consider a sua sponte motion to reopen where the petitioner had already been removed. (Zhang v. Holder, 8/12/10)
Filed under: BIA, Departure Bar, Immigration Attorney, Immigration Lawyer, MTR | Tagged: BIA, Brian D. Lerner, Departure Bar, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a Comment »
To be timely, petitioner’s motion to reopen had to be filed within 90 days of the Board of Immigration Appeals’ initial merits determination, not within 90 days of the denial of his motion to reconsider. Soria Vega v. Holder – filed July 19, 2010
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Regarding Voluntary Departure, try to withdraw the Voluntary Departure before filing the Motion to Reopen
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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: deportation attorney, MTR | Leave a Comment »
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