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
BIA Holds Immigration Judges Have The Authority To Deny An Application For Temporary Protected Status (TPS) In The Exercise Of Discretion.
BIA Holds Immigration Judges Have The Authority To Deny An Application For Temporary Protected Status (TPS) In The Exercise Of Discretion.
BIA Holds That, Under The Plain Language Of INA §237(a)(3)(D)(i), It Is Not Necessary To Show Intent To Establish That One Is Deportable For Making A False Representation Of U.S. Citizenship. Although A Naturalization Certificate Is Evidence Of U.S. Citizenship, The Certificate Itself Does Not Confer Citizenship Status If It Is Acquired Unlawfully.
On June 28, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of an order by the Immigration Judge (IJ) finding respondent, who had falsely claimed to… CONTINUE
Attorney General Refers Decisions Of BIA To Himself To Review Issues Related To Whether, And Under What Circumstances, Judicial Alteration Of A Criminal Conviction Or Sentence Should Be Taken Into Consideration In Determining The Immigration Consequences Of The Conviction.
On May 28, 2010, Attorney General (AG) William Barr directed the Board of Immigration Appeals (BIA or Board) to refer to him cases per 8 C.F.R. § 1003.1(h)(1)(i), so that… CONTINUE
BIA Holds That, Pursuant To INA §240(b)(5)(B), Neither Rescission Of An In Absentia Order Of Removal Nor Termination Of Proceedings Is Required Where A Respondent Who Was Served With A Notice To Appear That Did Not Specify The Time And Place Of The Hearing Failed To Provide An Address Where A Notice Of Hearing Could Be Sent. Pereira V. Sessions, 138 S.Ct. 2105 (2018) Distinguished.
On May 22, 2019, the Board of Immigration Appeals (BIA or Board), continuing with its current post-Pereira post-Bermudez-Cota line of cases, dismissed the appeal of a respondent from an Immigration… CONTINUE
BIA Holds That Neither Rescission Of An In Absentia Order Of Removal Nor Termination Of Proceedings Is Required Where Respondent Failed To Appear At A Scheduled Hearing After Being Served With A Notice To Appear That Did Not Specify The Time And Place Of The Hearing, So Long As A Subsequent Notice Of Hearing Specifying That Information Was Properly Sent To Respondent. Pereira v. Sessions, 138 S. Ct. 2105 (2018), Distinguished.
On May 22, 2019, the Board of Immigration Appeals (BIA or Board), following up on its recent precedential jurisprudence concerning the effects of the issuance of a Notice to Appear… CONTINUE
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