Philip Levin, Author at Levin and Pangilinan PC

BIA HOLDS THAT A PERSON BORN ABROAD TO UNMARRIED PARENTS CAN QUALIFY AS A “CHILD” UNDER INA § 320(a) (AUTOMATIC ACQUISITION OF DERIVATIVE U.S. CITIZENSHIP) IF HE OR SHE IS OTHERWISE ELIGIBLE AND WAS BORN IN A COUNTRY OR STATE THAT HAD ELIMINATED LEGAL DISCTINCTIONS BETWEEN CHILDREN BASED ON THEIR PARENTS’ MARITAL STATUS OR HAD A RESIDENCE OR DOMICILE IN SUCH A COUNTRY OR STATE.

March 3, 2015 Philip Levin

BIA HOLDS THAT A PERSON BORN ABROAD TO UNMARRIED PARENTS CAN QUALIFY AS A “CHILD” UNDER INA § 320(a) (AUTOMATIC ACQUISITION OF DERIVATIVE U.S. CITIZENSHIP) IF HE OR SHE IS OTHERWISE ELIGIBLE… CONTINUE

BIA PARTIALLY VACATES Matter of Chairez-Castrejon, HOLDING THAT—AS TO THE DIVISIBILITY OF AGGRAVATED FELONY STATUTES—IMMIGRATION JUDGES SHOULD FOLLOW THE LAW OF THE CIRCUIT IN WHOSE JURISDICTION THEY SIT, APPLYING Chairez-Castrejon ONLY IF THERE IS NO CONTRARY CONTROLLING CIRCUIT AUTHORITY.

March 2, 2015 Philip Levin

BIA PARTIALLY VACATES Matter of Chairez-Castrejon, HOLDING THAT—AS TO THE DIVISIBILITY OF AGGRAVATED FELONY STATUTES—IMMIGRATION JUDGES SHOULD FOLLOW THE LAW OF THE CIRCUIT IN WHOSE JURISDICTION THEY SIT, APPLYING Chairez-Castrejon ONLY IF… CONTINUE

BIA HOLDS THAT TEXAS “DEADLY CONDUCT” CONVICTION FOR RECKLESSLY PLACING ANOTHER IN IMMINENT DANGER OF SERIOUS BODILY INJURY CATEGORICALLY QUALIFIES AS A CRIME INVOLVING MORAL TURPITUDE.

February 18, 2015 Philip Levin

On January 8, 2015, the Board of Immigration Appeals (BIA) held that a conviction under Texas Penal Code Section 22.05 for recklessly engaging in conduct that places another in imminent… CONTINUE

BIA HOLDS THAT CONVICTION UNDER CALIFORNIA PENAL CODE SECTION 261.5(c) FOR UNLAWFUL INTERCOURSE WITH A MINOR MORE THAN 3 YEARS YOUNGER THAN THE PERPETRATOR CONSTIUTES “SEXUAL ABUSE OF A MINOR” AND IS THUS AN AGGRAVATED FELONY PER INA § 101(a)(43)(A).

February 14, 2015 Philip Levin

On January 9, 2015, in a long and complex opinion, the Board of Immigration Appeals (BIA) found that a California statutory rape conviction under Penal Code Section 261.5(c), which requires… CONTINUE

BIA HOLDS THAT DEPARTURES FROM THE U.S. FOLLOWING CONVICTIONS FOR ILLEGAL ENTRY UNDER INA § 275(a)(1) INTERRUPT ONE’S CONTINUOUS PHYSICAL PRESENCE BECAUSE THEY WERE PURSUANT TO A FORMAL, DOCUMENTED PROCESS WHICH ESTABLISHED THE RESPONDENT’S INADMISSABILITY.

December 29, 2014 Philip Levin

On December 10, 2014, the Board of Immigration Appeals (BIA) upheld an Immigration Judge’s (IJ) determination that departures from the U.S. following INA § 275(a)(1) convictions were pursuant to a sufficiently formal,… CONTINUE

BIA PARTIALLY VACATES Matter of Chairez-Castrejon, HOLDING THAT—AS TO THE DIVISIBILITY OF AGGRAVATED FELONY STATUTES—IMMIGRATION JUDGES SHOULD FOLLOW THE LAW OF THE CIRCUIT IN WHOSE JURISDICTION THEY SIT, APPLYING Chairez-Castrejon ONLY IF THERE IS NO CONTRARY CONTROLLING CIRCUIT AUTHORITY.

BIA HOLDS THAT TEXAS “DEADLY CONDUCT” CONVICTION FOR RECKLESSLY PLACING ANOTHER IN IMMINENT DANGER OF SERIOUS BODILY INJURY CATEGORICALLY QUALIFIES AS A CRIME INVOLVING MORAL TURPITUDE.

BIA HOLDS THAT CONVICTION UNDER CALIFORNIA PENAL CODE SECTION 261.5(c) FOR UNLAWFUL INTERCOURSE WITH A MINOR MORE THAN 3 YEARS YOUNGER THAN THE PERPETRATOR CONSTIUTES “SEXUAL ABUSE OF A MINOR” AND IS THUS AN AGGRAVATED FELONY PER INA § 101(a)(43)(A).

BIA HOLDS THAT DEPARTURES FROM THE U.S. FOLLOWING CONVICTIONS FOR ILLEGAL ENTRY UNDER INA § 275(a)(1) INTERRUPT ONE’S CONTINUOUS PHYSICAL PRESENCE BECAUSE THEY WERE PURSUANT TO A FORMAL, DOCUMENTED PROCESS WHICH ESTABLISHED THE RESPONDENT’S INADMISSABILITY.

APPLICATION PER 8 CFR § 1292.2(d) FOR PARTIAL ACCREDITATION

Matter of American Paralegal Academy, Inc., 19 I. & N. Dec. 386 (BIA 1986)

AN APPLICATION PER 8 CFR § 1292.2(a) FOR RECOGNITION AS A NON-PROFIT OR CHARITABLE ORGANIZATION

LRIS Helps San Francisco Immigration Court

California Assembly