Philip Levin, Author at Levin and Pangilinan PC

BIA Holds That In Removal Proceedings Which Involve Issues Of A Respondent’s Mental Competency, The Immigration Judge Has Discretion To Consider And Apply Safeguards To Allow The Case To Go Forward And The Board Reviews The Adequacy Of The Judge’s Decision De Novo.

July 20, 2016 Philip Levin

On June 29, 2016, the Board of Immigration Appeals (BIA or Board) ruled on the DHS appeal of an Immigration Judge’s (IJ’s) termination of removal proceedings without prejudice, where the… CONTINUE

BIA Holds One Cannot Establish Good Moral Character Per INA §101(f)(6) If, During The Required Period, He or She Gives False Testimony Under Oath In Immigration Court Intending To Obtain An Immigration Benefit.

July 10, 2016 Philip Levin

On June 27, 2016, the Board of Immigration Appeals (BIA or Board) held that a Mexican citizen who knowingly lied about his criminal history before the Immigration Judge (IJ) in… CONTINUE

BIA Holds That The “Material Support Bar” Of INA 212§(a)(3)(B)(iv)(VI) Contains No Implied Exception For The Provision Of Material Support To A Terrorist Organization While Under Duress And, Absent A Waiver, One Who Affords Such Support Is Inadmissible And Statutorily Barred From Establishing Eligibility For Asylum, Withholding Of Removal, Or CAT Relief.

June 27, 2016 Philip Levin

On June 9, 2016 the Board of Immigration Appeals (BIA or Board), in a decision on remand from the Second Circuit Court of Appeals, held that there is no duress… CONTINUE

BIA Holds That the Circumstance – Specific Approach Is Properly Applied When Analyzing The “Domestic” Nature of An Offense To Determine Whether The Conviction Is For A Crime Of Domestic Violence Under INA §237(a)(2)(E)(i). The Board Also Holds That Where A Respondent’s Original Sentence Documentation Is Ambiguous As To Whether He Was Sentenced To Probation Or A Probated Term Of Imprisonment, DHS Must Give Effect To A Clarification Order Issued By The Sentencing Judge To Determine If Respondent Was Sentenced To A Term Of Imprisonment Of At Least 1 Year And Thus Was Convicted Of An Aggravated Felony Crime Of Violence Under INA §101(a)(43)(F).

May 29, 2016 Philip Levin

On May 27, 2016 the Board of Immigration Appeals (BIA or Board) sought to determine the process for considering whether a conviction for simple battery in Georgia, a categorical crime… CONTINUE

BIA Holds That, Within The Jurisdiction Of The Ninth Circuit, An Arizona Conviction For Solicitation To Posses Marijuana For Sale Is A Conviction For A Crime Involving Moral Turpitude That Establishes A Defendant’s Inadmissibility Under INA §212(a)(2)(A)(i)(I) And, Because This Is “An Offense Identified In Section §212(a)(2),” The Defendant Is Properly Considered An Arriving Alien Under INA §101(a)(13)(C)(v). Matter of Vo, 25 I&N Dec. 426 (BIA 2011) Clarified.

May 21, 2016 Philip Levin

On May 19, 2016, the Board of Immigration Appeal’s (BIA or Board) dismissed the appeal of a respondent who was convicted of solicitation to possess marijuana for sale, an Arizona… CONTINUE

BIA Holds That In Determining Whether A Conviction Qualifies As An Aggravated Felony Under INA 101(a)(43)(T), The Categorical Approach Applies To Decide If the Offense Involves 1) A Failure To Appear 2) Before A Court, But The Circumstance – Specific Approach Applies to Decide If Such Failure was 1) Pursuant To A Court Order 2) To Answer To Or Dispose Of A Felony Charge 3) For Which A Sentence Of 2 Years Imprisonment Or More May Be Imposed.

May 10, 2016 Philip Levin

On May 5, 2016, the Board of Immigration Appeals (BIA or Board) sustained a Department of Homeland Security (DHS) appeal in holding that a respondent’s conviction of a federal failure… CONTINUE

BIA Holds That Sibling-To-Sibling DNA Test Results Showing At Least A 99.5% Degree Of Certainty That A Full Sibling Relationship Exists Should Be Accepted By USCIS And Considered To Be Probative Evidence Of The Claimed Relationship.

April 15, 2016 Philip Levin

On March 29, 2016, the Board of Immigration Appeals (BIA or Board) ruled on the evidentiary value of direct sibling-to-sibling DNA test results (as opposed to parent-child results for each… CONTINUE

BIA Holds That A Failure To Appear To Serve A Sentence Aggravated Felony Offense Under INA § 101 (a)(43)(Q) Merely Requires That The Underlying Offense Be “Punishable By” Imprisonment For A Term Of 5 Years Or More, Regardless Of The Sentence Respondent Is Actually Ordered To Serve.

March 21, 2016 Philip Levin

On March 17, 2016, The Board of Immigration Appeals (BIA or Board) ruled on the appeal of a respondent convicted of possessing stolen mailbox keys, a Federal felony punishable by… CONTINUE

BIA Holds It Has Jurisdiction To Determine Whether An Appellant Was Eligible For Previous Grant Of Adjustment Of Status Under The Legalization Provisions of INA § 245A(b)(1) For Purposes Of Determining Both Removability And Eligibility For Relief From Removal.

March 18, 2016 Philip Levin

On March 10, 2016, the Board of Immigration Appeals (BIA or Board) found that one who, after obtaining temporary residence status through the legalization program, was convicted of multiple controlled… CONTINUE

BIA Holds That A State Crime Conviction Only Qualifies As An Aggravated Felony Crime Of Violence Under 18 U.S.C. 16(a) If It Requires As An Element The Use, Attempted Use, Or Threatened Use Of Violent Physical Force. Because Aggravated Battery In The Third Degree Under Article 122 Of The Puerto Rico Penal Code May Be Committed By Means That Do Not Require The Use Of Violent Physical Force, It Is Not Categorically A Crime Of Violence Per 18 U.S.C. 16(a). Matter of Martin, 23 I&N Dec. 491(BIA 2002) Withdrawn.

February 26, 2016 Philip Levin

On February 24, 2016, the Board of Immigration Appeals (BIA or Board) considered the appeal of a respondent convicted of third degree aggravated battery under Article 122 of the Puerto… CONTINUE