5.22.2023 BIA Holds That A Conviction For Burglary Of A Building Under New York Penal Law §140.25(1)(d) Is Not Categorically An Aggravated Felony Burglary Offense Under INA §101(a)(43)(G) Because The… CONTINUE

8.1.2023 On August 1, 2023, the Board of Immigration Appeals (BIA or Board) published an Amicus Invitation (Notice to Appear), welcoming interested members of the public to file amicus curiae… CONTINUE

BIA Holds That It Has Authority To Accept What Are Otherwise Untimely Appeals, And Consider Them Timely, In Certain Situations Because 8 C.F.R. § 1003.35(b) Is A Claim-Processing Rule And… CONTINUE

BIA Holds That, Under The Modified Categorical Approach, An Immigration Judge May Consider The Transcript Of A Plea Colloquy In Determining The Factual Basis Of A Plea. On April 28,… CONTINUE

BIA Holds That For Choice Of Law Purposes, The Controlling Circuit Law In Immigration Court Proceedings Is The Law Governing The Geographic Location Of The Immigration Court Where Venue Lies,… CONTINUE

BIA Holds That Pereira v. Sessions, 138 S. Ct. 2105 (2018) And Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021) Are Inapplicable To Proceedings Initiated By A Notice To Applicant… CONTINUE

BIA Holds That Noncitizens Who Are Inadmissible For A Specified Period Of Time Pursuant To INA § 212(a)(9)(B)(i), Due To Their Previous Unlawful Presence And Departure, Are Not Required To… CONTINUE

BIA Holds That A Respondent Who Raises An Objection To Missing Time Or Place Information In A Notice To Appear For The First Time In A Motion To Reopen Has… CONTINUE

BIA Holds That Any Fact That Establishes Or Increases The Permissible Range Of Punishment For A Criminal Offense Is An “Element” For Purposes Of The Categorical Approach, Even If The… CONTINUE

Bia Holds That In Determining Whether A Respondent Is Grandfathered For Purposes Of Adjustment Of Status Under INA §245(i), A Decision By USCIS To Approve A Visa Petition Filed On… CONTINUE