On May 22, 2019, the Board of Immigration Appeals (BIA or Board), following up on its recent precedential jurisprudence concerning the effects of the issuance of a Notice to Appear… CONTINUE
BIA Holds That A Deficient Notice To Appear That Fails To Include The Time And Place Of A Respondent’s Initial Removal Hearing Is Perfected By The Subsequent Service Of A Notice Of Hearing Setting Forth That Missing Information, Satisfying The Notice Requirements OF INA §240A(d)(1)(A). Pereira v. Sessions, 138 s. Ct. 2105 (2018), Distinguished; Matter of Bermudez-Cota, 27 I & N Dec. 441 (BIA 2018), Followed.
On May 1, 2018, the Board of Immigration Appeals (BIA or Board), in an important en banc decision, held 9-6 that a defective Notice To Appear (NTA) that does not… CONTINUE
Attorney General William Barr Finds Matter of X-K, 23 I&N Dec. 731 (BIA 2005) Was Wrongly Decided And Overrules That Decision, Also Holding That One Who Is Transferred From Expedited Removal Proceedings To Full Removal Proceedings After Establishing A Credible Fear Of Persecution Or Torture Is Ineligible For Release On Bond And Must Be Detained Until Proceedings Conclude, Unless Granted Parole.
On April 16, 2019, U.S. Attorney General (AG) William Barr, in a case certified to his office, drastically altered the legal landscape for asylum seekers entering the U.S. without inspection… CONTINUE
BIA Holds That A Conviction For Kidnapping Under 18 U.S.C. § 1201 (a) Is Not An “Aggravated Felony” As That Term Is Defined By INA §101(a)(43)(H).
On April 12, 2019, the Board of Immigration Appeals (BIA or Board) dismissed a Department of Homeland Security (DHS) appeal of a decision by the Immigration Judge (IJ) terminating proceedings… CONTINUE
San Francisco Immigration Lawyer Philip Levin Discusses the Tibbetts Case
TRANSCRIPT: Anchor: And new tonight at 9 complicating this already tragic case as we mentioned the suspect is an undocumented immigrant and is a similar case to the death… CONTINUE
One Who Is Subject To The Persecutor Bar To Asylum Eligibility May Claim A Limited Duress Defense.
The minimum requirements of such a asylum eligibility defense mandate that the applicant establish by a preponderance of the evidence that: 1) He acted under an imminent threat of death… CONTINUE
Recent Attorney General Sessions Holdings re the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014)
Attorney General Sessions Holds re the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014): Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) Was Wrongly Decided And Is Overruled; One… CONTINUE
BIA Holds That Providing “Material Support” To A Terrorist Organization Involves An Act That Has A Logical And Reasonably Foreseeable Tendency To Promote, Sustain, Or Maintain The Organization.
BIA Holds That Providing “Material Support” To A Terrorist Organization Involves An Act That Has A Logical And Reasonably Foreseeable Tendency To Promote, Sustain, Or Maintain The Organization, Even If… CONTINUE
Attorney General Sessions Holds That Immigration Judges And The Board of Immigration Appeals Have No General Authority To Suspend Indefinitely Immigration Proceedings Via Administrative Closure
Attorney General Sessions Holds That Immigration Judges And The Board of Immigration Appeals Have No General Authority To Suspend Indefinitely Immigration Proceedings Via Administrative Closure But MAY Only Administratively Close… CONTINUE
BIA Holds That The Term “Prostitution” Is Not Limited to Crimes Involving Sexual Intercourse
BIA Holds That The Term “Prostitution” As Used In INA §101(a)(43)(K)(i), Which Provides That An Offense Relating To Owning, Controlling, Managing, or Supervising A Prostitution Business Is An Aggravated Felony,… CONTINUE
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