Attorney General Refers Decisions Of BIA To Himself To Review Issues Related To Whether, And Under What Circumstances, Judicial Alteration Of A Criminal Conviction Or Sentence Should Be Taken Into Consideration In Determining The Immigration Consequences Of The Conviction.

On May 28, 2010, Attorney General (AG) William Barr directed the Board of Immigration Appeals (BIA or Board) to refer to him cases per 8 C.F.R. § 1003.1(h)(1)(i), so that he can review the prior decisions, automatically staying the matters pending his review. The AG invited briefing on whether, and under what circumstances, judicial alteration of a criminal conviction or sentence – whether labeled “vacatur”, “modification”, “clarification”, or some other term – should be taken into consideration in determining the immigration consequences of the conviction. Briefs are due June 28, 2019; amici briefs are due July 12, 2019. Reply briefs are due that same day. Matters Of Thomas and Thompson, 27 I & N Dec. 556 (A.G. 2019).