On October 12, 2018, Attorney General (AG) Jefferson Sessions issued an order noting that he had previously, on September 18, 2018, directed the Board of Immigration Appeals (BIA or Board)… CONTINUE
BIA Holds That A Notice To Appear That Does Not Specify The Time And Place Of A Respondent’s Initial Removal Hearing Vests An Immigration Judge With Jurisdiction Over The Proceedings And Meets The Requirements Of INA §239 (a), So Long As A Notice Of Hearing Specifying This Information Is Later Send To The Respondent, Distinguishing Pereira v. Sessions, 138 S. Ct. 2105 (2018).
On August 30, 2018, the Board of Immigration Appeals (BIA or Board) dismissed both an appeal and a motion to terminate in a case where the Immigration Judge (IJ) had… CONTINUE
BIA Holds A Conviction Does Not Attain A Sufficient Degree Of Finality For Immigration Purposes Until The Right To Direct Appellate Review On The Merits Of The Conviction Has Been Exhausted Or Waived. Once DHS Establishes That A Respondent Has A Criminal Conviction And That The Time For Filing A Direct Appeal Has Passed, A Presumption Arises That The Conviction Is Final For Immigration Purposes, Which Respondent Can Rebut With Evidence That An Appeal Has Been Timely Filed, Including Any Extensions Or Permissive Filings Granted By The Appellate Court, And That The Appeal Relates To The Issue of Guilt Or Innocence Or Concerns A Substantive Defect In The Criminal Proceedings. Appeals, Including Direct Appeals, And Collateral Attacks, That Do Not Relate To The Underlying Merits Of The Conviction Will Not Be Given Effect To Eliminate The Finality Of The Conviction.
On August 29, 2018, the Board of Immigration Appeals (BIA or Board) denied an appeal and remanded the record to the Immigration Judge (IJ) in a case where the respondent,… CONTINUE
BIA Holds That Conviction For Stalking Under California Penal Code §646.9 Is Not “A Crime Of Stalking” Per INA §237(A)(2)(E)(i), Overruling Matter Of Sanchez-Lopez, 26 I&N Dec. 71 (BIA 2012).
On April 20, 2018, the Board of Immigrations (BIA or Board), in yet another lengthy and densely-reasoned decision, ruling on remand from the Ninth Circuit Court Of Appeals, sustained a… CONTINUE
Board of Immigration Appeals
On April 6, 2018, the Board of Immigration Appeals (BIA or Board) sustained a respondent’s appeal, wherein DHS and appellant had filed a joint brief in support of the appeal,… CONTINUE
Attorney General Sessions Denies Request Of DHS That He Suspend Briefing Schedules And Clarify Question Presented And Grants, In Part, Parties Request For Extension Of Deadline For Submitting Briefs.
On March 30, 2018, Attorney General Sessions issued an order addressing requests from both parties in a case he had previously referred to himself for review. The parties had been… CONTINUE
BIA Holds That In Deciding Whether A State Offense Is Punishable As A Felony Under The Federal Controlled Substances Act (CSA) And Is Thus An Aggravated Felony Drug Trafficking Crime Per INA §101(A)(43)(B), IJ’s Need Not Look Solely To The CSA Provision Most Similar To The State Statute Of Conviction. Respondent’s Conviction Under §2C:35-7 Of The New Jersey Statutes For Possession With Intent To Distribute Cocaine Within 1,000 Feet Of School Property Is An Aggravated Felony Drug Trafficking Crime Because The State Offense Satisfies All Of The Elements Of 21 U.S.C. §841(A)(1) Of The CSA And Would Be Punishable Under That Provision.
On March 14, 2018, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of an Immigration Judge (IJ) finding that respondent was not removable per INA §237(a)(2)(A)(ii)… CONTINUE
Attorney General Sessions Refers BIA Decision To Himself To Review Issues Relating To The Authority Of Both Immigration Judges And The Board Of Immigration Appeals To Administratively Close Immigration Proceedings.
On January 4, 2018, U.S. Attorney General Sessions issued an order directing the Board of Immigration Appeals (BIA or Board) to refer Matter of Castro-Tum, A206842910-Philadelphia, PA (BIA, November 27,… CONTINUE
BIA Holds That An Immigration Judge May Make Reasonable Inferences From Direct And Circumstantial Evidence Of Record In Determining Whether Respondent Presents A Danger To The Community, Including Considering Concerns Regarding National Security And The Likelihood Of Respondent Absconding, And Thus Should Or Should Not Be Released On Bond.
On August 3, 2016, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent denied release on bond. The Appellant, a conditional resident, had come to… CONTINUE
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.
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
