BIA Holds That The “Offense Clause” Of The Federal Conspiracy Statute, 18 U.S.C. § 371, Is Divisible And The Underlying Substantive Crime Is An Element Of The Offense. Because The… CONTINUE
Assault is a Crime Involving Moral Turpitude and Grounds for Removal
BIA Holds That Respondent’s Conviction For Assault By Means Of Force Likely To Produce Great Bodily Injury In Violation Of California Penal Code §245(a)(4) Is Categorically For A Crime Involving… CONTINUE
Visa Fraud May Not be a Crime Involving Moral Turpitude but it is Grounds for Removal
BIA Holds That, In Applying The Categorical Approach, The Conspiracy Statute, 18 U.S.C. §371, Is Overbroad Relative To The Generic Definition Of A Crime Involving Moral Turpitude, And Divisible Between… CONTINUE
Was the Abuser a Legal Spouse and a Legal Resident or Citizen?
BIA Holds That An Applicant For Special Rule Cancellation Of Removal Under INA §240A(b)(2) Based On Spousal Abuse Must Demonstrate Both That The Abuser Was His Or Her Lawful Spouse… CONTINUE
If you cooperate with law enforcement it may not be the same as giving public testimony in a court
BIA Holds That Individuals Who Cooperate With Law Enforcement May Constitute A Valid Particular Social Group Under The INA If Their Cooperation Is Public In Nature, Particularly Where Testimony Was… CONTINUE
When is a NTA Not a Notice to Appear?
BIA Holds That Where A Notice To Appear Fails To Specify The Time Or Place Of A Respondent’s Initial Removal Hearing, The Subsequent Service Of A Notice Of Hearing Specifying… CONTINUE
Can a Lawful Permanent Resident be Removed Because of a Schedule I or II Controlled Substance Conviction?
BIA Holds That §58-37-8(2)(a)(i) Of The Utah Code, Which Criminalizes Possession Or Use Of A Controlled Substance, Is Divisible With Respect To The Identity Of The Specific “Controlled Substance” Involved… CONTINUE
Reviewing the Concept of Persecution for Asylum
Acting Attorney General Holds That Matter Of A-B-, 27 I&N Dec. 316 (A.G. 2018), Did Not Alter The Existing Standard For Determining Whether A Government Is “Unwilling Or Unable” To… CONTINUE
Determining Fraudulent Documents by Immigration Judge
BIA Holds That An Immigration Judge May Find A Document To Be Fraudulent Without Forensic Analysis Or Other Expert Testimony Where The Document Contains Obvious Defects Or Readily Identifiable Hallmarks… CONTINUE
BIA Holds That The Risk Of Harm To A Child….
BIA Holds That The Risk Of Harm To A Child Required To Obtain A Conviction For Child Neglect In The Second Degree Under §163.54(1) Of the Oregon Revised Statutes Is… CONTINUE
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