On September 18, 2014, the Board of Immigration Appeals (BIA), in an extensive opinion, overturned the decision of the Immigration Judge (IJ), holding that the U.S. Supreme Court case of… CONTINUE
BIA HOLDS THAT ONE CONVICTED UNDER INA § 212(a)(2)(B) OF TWO OR MORE OFFENSES FOR WHICH THE AGGREGATE SENTENCES WERE FIVE YEARS OR MORE IS INELIGIBLE FOR CANCELLATION OF REMOVAL FOR NONPERMANENT RESIDENTS PER INA §240A(b)(1)(C).
On September 23, 2014, the Board of Immigration Appeals (BIA), dismissing an appeal and reinstating a grant of voluntary departure, held that the language of INA § 240A(b)(1)(C)—which makes ineligible… CONTINUE
BIA FURTHER INTERPRETS Moncrieffe v. Holder, CITES Matter of Chairez IN HOLDING THAT WHERE A STATE CRIMINAL STATUTE IS BROADER THAN THE ANALAGOUS FEDERAL GENERIC DEFINITION, A RESPONDENT MUST STILL SHOW A REALISTIC PROBABILITY THAT THE STATE LAW WOULD BE APPLIED TO CONDUCT FALLING OUTSIDE THE GENERIC CRIME.
On September 22, 2014, the Board of Immigration Appeals (BIA), in parsing a Connecticut drug conviction’s effect on removability, noted that at the relevant time the state law included two… CONTINUE
BIA HOLDS CALIFORNIA CONVICTION FOR MALICIOUS VANDALISM WITH GANG ENHANCEMENT QUALIFIES AS CIMT.
On September 12, 2014, the Board of Immigration Appeals (BIA), finding that a conviction for malicious vandalism under California Penal Code § 594(a) involves damage or destruction to the property… CONTINUE
BIA HOLDS THAT ONE ADMITTED AT A PORT OF ENTRY AS A CONDITIONAL RESIDENT IS ASSIMILATED TO THE STATUS OF AN APPLICANT “LAWFULLY ADMITTED FOR PERMANENT RESIDENCE” AND THEREFORE BARRED FROM WAIVER ELIGIBILITY UNDER INA § 212(h) IF SUBSEQUENTLY CONVICTED OF AN AGGRAVATED FELONY.
On September 17, 2014, the Board of Immigration Appeals (BIA) upheld the Immigration Judge’s (IJ’s) prior decision that one convicted of an aggravated felony after admission at a port of… CONTINUE
BIA HOLDS FLORIDA CRIMINAL CONVICTION FOR SALE
BIA HOLDS FLORIDA CRIMINAL CONVICTION FOR SALE OF CONTROLLED SUBSTANCE, WHERE STATUTE LACKS MENS REA REQUIREMENT REGARDING ILLICIT NATURE OF THE SUBSTANCE BUT REQUIRES KNOWLEDGE OF ITS PRESENCE AND INCLUDES… CONTINUE
BIA HOLDS FALSE TESTIMONY OUTSIDE OF THREE-YEAR GOOD MORAL CHARACTER PERIOD DOES NOT BAR GRANT OF SPECIAL RULE CANCELLATION OF REMOVAL REQUEST.
On August 5, 2014, the Board of Immigration Appeals (BIA) found that the three-year time frame during which a special rule cancellation of removal applicant must show good moral character… CONTINUE
BIA FOLLOWS Moncrieffe v. Holder IN APPLYING THE CATEGORICAL APPROACH TO DETERMINE WHETHER A PARTICULAR CONVICTION IS FOR A CRIME OF VIOLENCE AGGRAVATED FELONY OR A FIREARMS OFFENSE.
On July 24, 2014, the Board of Immigration Appeals (BIA), in a lengthy decision, cited the recent U.S. Supreme Court case of Moncrieffe v. Holder, 133 S.Ct. 2276 (2013) for… CONTINUE
ARTESIA
Many of our readers may have heard of the Artesia Family Residential Center, which was hastily created to handle a large influx of women and children who have been crossing… CONTINUE
BIA HOLDS MENTAL HEALTH NOT A FACTOR IN ASSESSING WHETHER A RESPONDENT WAS CONVICTED OF A “PARTICULARLY SERIOUS CRIME” UNDER INA §241(b)(3)(B).
On July 17, 2014, the Board of Immigration Appeals (BIA) found that a person’s mental health is not a factor to be considered in analyzing whether he or she was… CONTINUE
