On June 27, 2016, the Board of Immigration Appeals (BIA or Board) held that a Mexican citizen who knowingly lied about his criminal history before the Immigration Judge (IJ) in… CONTINUE
BIA Holds A Conviction For Endangering The Welfare Of a Child Under Section 260.10(1) Of The New York Penal Law, Which Requires Knowingly Acting In A Manner Likely To Be Injurious To The Physical, Mental Or Moral Welfare Of A Child, Categorically Qualifies As A ‘Crime Of Child Abuse, Child Neglect, Or Child Abandonment” Per INA § 237(a)(2)(E)(i).
On February 9, 2016, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent found removable under INA § 237(a)(2)(E)(i) as one convicted of a “crime… CONTINUE
BIA Holds That A Witness Testifying About Events He Or She Has Experienced Has Personal Knowledge Of The Matters Addressed And The Federal Rules Of Evidence Requirements Regarding The Admission Of Expert And Lay Testimony Do Not Apply. Additionally, Conduct By An Immigration Judge (IJ) That Is Bullying Or Hostile To A Witness Is Inappropriate, Particularly When It Involves A Minor, And May Result In A Remand To a New IJ.
On November 23, 2015, the Board of Immigration Appeals (BIA or Board) vacated a decision of the Immigration Judge (IJ) denying a 15 year-old’s request for withholding of removal and… CONTINUE
BIA Holds That For Purposes OF NACARA Special Rule Cancellation, Continuous Physical Presence Is Measured From The Respondent’s Most Recently Incurred Ground Of Removal, At Least If That Ground Is Set Forth In 8 CFR § 1240.66(c)(1).
On December 2, 2015, the Board of Immigration Appeals (BIA or Board) decided how to calculate continuous physical presence for special rule cancellation of removal under NACARA where a respondent… CONTINUE
BIA Holds That In Immigration Proceedings, Neither Party Bears A Formal Burden Of Proof To Establish The Respondent Is Mentally Competent, But Where Indications Of Incompetency Are Apparent, The Immigration Judge Should Determine If Competency Is Proved By A Preponderance Of The Evidence, A Finding Of Fact The Board Reviews Under A Clearly Erroneous Standard.
On November 2, 2015 the Board of Immigration Appeals (BIA or Board) “set forth a framework for allocation of the burden of proof for mental competency issues raised in immigration… CONTINUE
BIA Holds Immigration Judge Can Use Significant Similarities Between Claims Filed in Separate Proceedings to Make an Adverse Credibility Determination if a Three-Part Framework is Followed.
BIA HOLDS IMMIGRATION JUDGE CAN USE SIGNIFICANT SIMILARITIES BETWEEN CLAIMS FILED IN SEPARATE PROCEEDINGS TO MAKE AN ADVERSE CREDIBILITY DETERMINATION IF A THREE-PART FRAMEWORK IS FOLLOWED. On September 8, 2015,… CONTINUE
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