BIA Holds That A “Conviction” Under INA §101(a)(48)(A) Requires A Finding Of Guilt In A Proceeding That Affords Defendants All Of The Constitutional Rights Of Criminal Procedure That Are Applicable… CONTINUE
BIA Holds That Larceny In The Third Degree Under Connecticut General Statutes
BIA Holds That Larceny In The Third Degree Under Connecticut General Statutes §53a-124(a) Is Not A Theft Offense Aggravated Felony Per INA §101(a)(43)(G) Because It Incorporates By Reference A Definition… CONTINUE
BIA Issues Amicus Invitation
BIA Issues Amicus Invitation Regarding Texas Burglary Crime Of Violence. Briefs Due May 3, 2022. On April 12, 2022, the Board of Immigration Appeals (BIA or Board) issued an amicus… CONTINUE
BIA: RAISES THE MANDATORY BAR FOR FILING
On March 11, 2022, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of an order by an Immigration Judge (IJ) granting Respondent’s application for adjustment of status (AOS) along with an INA §212(i) waiver of inadmissibility. DHS contended that Responded had filed a frivolous asylum application and was therefore barred from the requested relief. The IJ’s decision was thus vacated and the record remanded.
BIA: APPLICANT FOR ADJUSTMENT
BIA HOLDS THAT AN APPLICANT FOR ADJUSTMENT OF STATUS UNDER INA §209(b) MUST POSSES ASYLEE STATUS AT THE TIME OF ADJUSTMENT AND, THUS, AN APPLICANT WHOSE ASYLEE STATUS HAS BEEN… CONTINUE
BIA: ISSUES AMICUS INVITATION NO. 22-16-03
BIA: Board of Immigration Appeals (BIA or Board) welcomed interested membersBIA ISSUES AMICUS INVITATION NO. 22-16-03 On March 16, 2022, the Board of Immigration Appeals (BIA or Board) welcomed interested… CONTINUE
BIA: Respondent Receives Sufficient Written Notice
BIA Holds That A Respondent Receives Sufficient Written Notice To Support The Entry Of An In Absentia Order Of Removal, Even If He Or She Was Served With A Noncompliant… CONTINUE
BIA: Criminal Proceeding May Be Considered
BIA HOLDS THAT THE AMOUNT OF FORFEITURE ORDERED IN A CRIMINAL PROCEEDING MAY BE CONSIDERED IN DETERMINING WHETHER A CRIME OF FRAUD OR DECEIT RESULTED IN A LOSS TO A… CONTINUE
Board of Immigration Appeals (BIA or Board) welcomed interested members
On March 16, 2022, the Board of Immigration Appeals (BIA or Board) welcomed interested members of the public to file amicus curiae briefs discussing what factors the Board should weigh… CONTINUE
BIA Holds That A Conviction For Carjacking Under California Penal Code §215(a) Is Categorically A Conviction For An Aggravated Felony Crime Of Violence Under INA §101(a)(43)(F).
On November 19, 2021, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a case on remand from the Ninth Circuit Court of Appeals. The case had… CONTINUE
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