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 »

What is REAL ID Act ?

Posted on February 24, 2010 by Brian D. Lerner

The June 2009 Immigration Briefings, entitled “Credibility, Burden of Proof, and Corroboration Under the Real ID Act,” 09-06 Immigration Briefing 1 (June 2009), discusses credibility determinations as prescribed by the REAL ID Act of 2005, primarily in the context of asylum relief. The Briefing addresses both burden of proof and corroboration as part of its [...]

Filed under: asylum, find US Immigration Attorney, Immigration Attorney, los angeles immigration attorney, REAL ID Act | Tagged: , | 1 Comment »

REAL ID ACT Updates

Posted on February 16, 2010 by Brian D. Lerner

The June 2009 Immigration Briefings, entitled “Credibility, Burden of Proof, and Corroboration Under the Real ID Act,” 09-06 Immigration Briefing 1 (June 2009), discusses credibility determinations as prescribed by the REAL ID Act of 2005, primarily in the context of asylum relief. The Briefing addresses both burden of proof and corroboration as part of its [...]

Filed under: asylum, Immigration Attorney, los angeles immigration attorney, REAL ID Act, USCIS | Tagged: , | Leave a Comment »

PERM: The REAL ID Act.

Posted on December 16, 2009 by Brian D. Lerner

Question: I have heard a great deal about the new REAL ID Act. Can you summarize its provisions. Answer: On May 11, 2005, President Bush signed Public Law 109-13, which included provisions of the REAL ID Act of 2005. This new measure provides for significant changes to existing immigration laws. Sec. 101: Tightens evidentiary standards [...]

Filed under: Immigration Law, immigration provisions, REAL ID Act, Specialty Occupation, USCIS | Tagged: , | Leave a Comment »

What does the REAL ID Act mean?

Posted on December 16, 2009 by Brian D. Lerner

Question: I have heard so much about the REAL ID Act, but do not really understand what it is. Can you explain? Answer: The REAL ID Act made two changes to INA § 242(a)(2)(B), an INA subsection added by IIRIRA that precludes federal court jurisdiction over certain discretionary decisions. One of these changes purports to [...]

Filed under: asylum, Immigration Law, immigration provisions, REAL ID Act, USCIS | Tagged: , | Leave a Comment »

Can I get review of my denied case under the REAL ID Act?

Posted on December 16, 2009 by Brian D. Lerner

Question: I have had my case denied in Immigration Court and I have heard about the REAL ID act and am very confused if I can get some type of judicial review of my case. Can you clarify? Answer: The REAL ID Act did not change the language of either subpart (i) or (ii) of [...]

Filed under: Case Denied, Immigration Law, immigration provisions, REAL ID Act, USCIS | Tagged: , | Leave a Comment »

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