Philip Levin, Author at Levin and Pangilinan PC

BIA Holds That INA §241(b)(3)B)(i) “Persecutor Bar” Applies To One Who Assists Or Otherwise Participates in Another’s Persecution Because Of That Person’s Race, Religion, Nationality, Membership In A Particular Social Group Or Political Opinion, Without Regard To The Persecutor’s Motivation For Assisting Or Participating.

May 10, 2017 Philip Levin

On May 5, 2017, the Board of Immigration Appeals (BIA or Board) sustained a Department of Homeland Security (DHS) appeal of an Immigration Judge’s (IJ’s) granting of special rule cancellation… CONTINUE

BIA Holds That Sex Offense Violating A Statute Enacted To Protect Children Is A Crime Involving Moral Turpitude (CIMT) Where the Victim Is Particularly Young – Under 14 – Or Is Under 16 And the Age Difference Between the Perpetrator And Victim Is Significant, Or Both, Even Where The Law Does Not Require A Culpable Mental State As to the Child’s Age. As Such, Sexual Solicitation Of A Minor Per Maryland Criminal Law §3-324(b) With Intent To Engage In Unlawful Sexual Conduct In Violation Of §3-§307 Is A Categorical CIMT.

May 1, 2017 Philip Levin

On April 6, 2017, the Board of Immigration Appeals (BIA or Board) held a respondent’s offense to be a categorical crime involving moral turpitude (CIMT) where all violations of the… CONTINUE

BIA Holds That A Conviction Under California Penal Code §203 For The Crime Of Mayhem Requires A Malicious Act Resulting In Great Bodily Injury To Another, Therefore The Offense Involves The Use Of Violent Force And Is Thus A Categorical Crime Of Violence Per §18 USC 16(a).

April 29, 2017 Philip Levin

On January 31, 2017, in a densely reasoned opinion, the Board of Immigration Appeals (BIA or Board) held that a conviction under California Penal Code §203 for mayhem qualifies as… CONTINUE

In Determining Whether A Statute Is Divisible Per Mathis v. United States, 136 S. Ct. 2243 (2016), Immigration Judges May Consider A Respondent’s Conviction Record Only to Figure Out Whether Statutory Alternatives Define “Elements” or “Means”, Provided The Issue Is Not Resolved By State Law.

April 28, 2017 Philip Levin

On April 24, 2017, the Board of Immigration Appeals (BIA or Board) – in a case (Mathis v. United States) that has been before the BIA several times – denied… CONTINUE

BIA Holds That The Primary Consideration For An Immigration Judge In Ruling On A Motion To Administratively Close Or Recalendar Proceedings Is Whether The Party Opposing Closure Has Provided A Persuasive Reason For The Case To Proceed And Be Resolved On The Merits. In Considering Administrative Closure, The Judge Cannot Review Whether A Respondent Falls Within The DHS Enforcement Priorities, As The Department Of Homeland Security Has Exclusive Jurisdiction Over Prosecutorial Discretion. Matter Of Avetisyan, 25 I&N Dec. 688 (BIA 2012), Clarified.

April 21, 2017 Philip Levin

On April 18, 2017, the Board of Immigration Appeals (BIA or Board) addressed the case where an Immigration Judge (IJ) had granted a DHS motion to administratively close removal proceedings,… CONTINUE

AAO Adopts Decision Regarding Policy Guidance On Whether And When A Provisional Certificate Issued By A College Or University Confirming One Has Completed All Substantive Requirements For a Degree And That The School Has approved The Degree Is The Equivalent Of Achieving Said Degree For Purposes Of Calculating Post-Baccalaureate Experience.

April 20, 2017 Philip Levin

On April 17, 2017, the Administrative Appeals Office (AAO) designated its opinion in this case as an Adopted Decision, establishing policy guidance binding all USCIS employees. The decision holds that… CONTINUE

Voluntary Departure from the United States

February 28, 2017 Philip Levin

How does voluntary departure from the United States and I received the Notice to Appear? If someone receives a notice to appear then leaves the U.S., the system may not… CONTINUE

BIA Holds That, Under The Adam Walsh Act And INA §204(a)(1)(viii)(I), A Petitioner Is “Convicted” Of An Offense Where A Formal Judgment Of Guilt Is Entered By A Court Or, If Adjudication Of Guilt Was Withheld, Where A Plea, Finding, Or Admission Established His Or Her Guilt And A Judge Ordered Some Form Of Punishment, Penalty, Or Restraint On Petitioner’s Liberty

February 23, 2017 Philip Levin

On January 12, 2017, the Board of Immigration Appeals (BIA or Board) decided the appeal of an I-130 immigrant visa petition denied by the Service Center Director (Director) on the… CONTINUE

BIA Holds Definition Of Perjury Under INA §101(a)(43)(S) Requires A Knowing Material False Statement Under Oath Where An Oath Is Authorized By Law And, Thus, A Conviction For Perjury In Violation Of California Penal Code §118(a) Qualifies As An Aggravated Felony Per §(a)(43)(S).

February 23, 2017 Philip Levin

On December 29, 2016, in a case remanded by the Ninth Circuit Court of Appeals, the Board of Immigration Appeals (BIA or Board) upheld the decision of the Immigration Judge… CONTINUE

AAO Sets Forth New Standard For Granting Of National Interest Waiver, Vacates Matter of New York State Department Of Transportation, 22 I&N Dec. 215 (Acting Associate Commissioner, 1998).

February 23, 2017 Philip Levin

On December 27, 2016, the Administrative Appeals Office (AAO) revisited the analytical framework for assessing national interest waiver (NIW) eligibility via the appeal of a Texas Service Center denial of… CONTINUE