On January 2, 2020, the Board of Immigration Appeals (BIA or Board) sustained a DHS appeal and remanded the record to the Immigration Judge (IJ), who had found Respondent removable… CONTINUE
BIA Holds That An Immigration Judge May Rely On Inconsistencies To Support An Adverse Credibility Finding As Long As Either The Immigration Judge, The Applicant, Or The DHS Has Identified The Discrepancies And The Applicant Has Been Given An Opportunity To Explain Them During The Hearing. An Immigration Judge May, But Is Not Required To, Personally Identify An Obvious Inconsistency Where It Is Reasonable To Assume That The Applicant Was Aware Of It And Had An Opportunity To Offer An Explanation Before The Immigration Judge Relied On It.
On December 12, 2019, the Board of Immigration Appeals (BIA or Board) denied the Respondent’s request for oral argument and dismissed his appeal of an order by the Immigration Judge… CONTINUE
BIA Holds That Torturous Conduct Committed By A Public Official Who Acts “In An Official Capacity,” That Is, “Under Color Of Law,” Is Covered By The Convention Against Torture, But Such Conduct By An Official Who Is Not Acting In An Official Capacity, Known As A “Rogue Official,” Is Not Covered By The Convention. The Key Consideration In Determining If A Public Official Was Acting Under Color Of Law Is Whether He Was Able To Engage In Torturous Conduct Because Of His Government Position Or If He Could Have Done So Without A Connection To The Government.
On December 6, 2019, the Board of Immigration Appeals (BIA or Board) in a lengthy and extensively footnoted decision, dismissed the appeal of a respondent whose applications for political asylum,… CONTINUE
BIA Holds That The Reopening Of Proceedings To Terminate A Grant Of Asylum Is Warranted If DHS Has Demonstrated That Evidence Of Fraud In The Original Proceeding Was Not Previously Available And Is Material Because, If Known, It Would Likely Have Opened Up Lines Of Inquiry That Could Call An Applicant’s Eligibility For Asylum Into Doubt.
On November 8, 2019, the Board of Immigration Appeals (BIA or Board) sustained a DHS appeal, reopened removal proceedings and remanded the record to the Immigration Judge (IJ) so that… CONTINUE
BIA Requests Amicus Curiae Briefs (2)
On November 6, 2019, the Board of Immigration Appeals (BIA or Board) issued an amicus invitation welcoming parties to brief whether the U.S. Supreme Court’s opinion in Esquirel-Quintana v. Sessions,… CONTINUE
BIA Requests Amicus Curiae Briefs
On November 5, 2019, the Board of Immigration Appeals (BIA or Board) issued an amicus invitation welcoming interested parties to brief whether an Immigration Judge errs in terminating proceedings when… CONTINUE
BIA Holds That To Qualify For A Waiver Of Inadmissibility Under INA §209(c), One Who Is Found To Be A Violent Or Dangerous Individual Must Establish Extraordinary Circumstances, Which May Be Demonstrated By A Showing Of Exceptional And Extremely Unusual Hardship To The Applicant Or His Qualifying Relatives. Matter of Jean, 23 I&N Dec. 373 (A.G. 2002) Followed. Even If One Establishes This Level Of Hardship, The Favorable And Adverse Factors Must Be Balanced To Determine If A Waiver Should Be Granted In The Exercise Of Discretion.
On November 1, 2019, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of a grant of Respondent’s application for an INA §209(c) waiver of inadmissibility and… CONTINUE
A Conviction For Dissuading A Witness Under California Penal Code §136.1(b)(1) Is Categorically An Aggravated Felony Obstruction Of Justice Offense Per INA 101(a)(43)(S). Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) Followed. The Holding In Matter of Valenzuela Gallardo May Be Applied Retroactively.
On October 18, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent for the second time, finding that his conviction for dissuading a witness… CONTINUE
BIA Holds That Offense Of Menacing In Violation Of Section 163.190 Of The Oregon Revised Statutes Is Categorically A Crime Involving Moral Turpitude. The Actual Infliction Of Fear Is Not Necessary For The Crime To Categorically Involve Moral Turpitude, Where The Statute Requires Evil Or Malicious Intent And The Level Of Threatened Harm, Or Magnitude Of Menace Implicit In The Threat, Is Serious And Immediate. Matter Of Solon, 24 I&N Dec.239 (BIA 2007), Distinguished.
On October 11, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent contesting the pretermission of his application for cancellation of removal under INA… CONTINUE
Attorney General Barr Holds That In Matter Of L-E-A-, 27 I&N Dec. 40 (BIA 2018), The BIA Improperly Recognized The Respondent’s Father’s Immediate Family As A “Particular Social Group” (PSG) For Purposes Of Qualifying For Asylum Under The INA. All Asylum Applicants Seeking to Establish Membership In A PSG, Including Groups Defined By Family Or Kinship Ties, Must Establish That The Group Is 1) Composed Of Members Who Share A Common Immutable Characteristic; 2) Defined With Particularity; 3) Socially Distinct Within The Society In Question. While The BIA Has Recognized Certain Clans And Subclans as PSGs, Most Nuclear Families Are Not Inherently Socially Distinct And Therefore Do Not Qualify As PSGs. The Portion Of The BIA’s Decision Recognizing The Respondent’s Proposed PSG Is Overruled (Matter Of L-E-A, Part II. A). The Rest Of The BIA’s Decision Including Its Analysis Of The Required Nexus Between Alleged Persecution And The Alleged Protected Ground, Is Affirmed (Part II.B).
On July 29, 2019, Attorney General (AG) William Barr issued a decision in a case decided in 2018 by the Board of Immigration Appeals (BIA or Board) where most recently,… CONTINUE
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