On July 30, 2020, U.S. Attorney General (AG) William Barr, in a case which he had directed the Board of Immigration Appeals (BIA or Board) to refer to him in… CONTINUE
BIA Holds That Section 13-3407 Of The Arizona Revised Statutes, Which Criminalizes Possession Of A Dangerous Drug, Is Divisible With Regard To The Specific “Dangerous Drug” Involved In A Violation Of That Statute.
On July 23, 2020, the Board of Immigration Appeals (BIA or Board), in what appears to be an attempt to limit the use of the categorical approach or make it… CONTINUE
BIA Holds That To Qualify For A Waiver Of Inadmissibility Under INA §209(c), One Who Is Found To Be A Violent Or Dangerous Individual Must Establish Extraordinary Circumstances, Which May Be Demonstrated By A Showing Of Exceptional And Extremely Unusual Hardship To The Applicant Or His Qualifying Relatives. Matter of Jean, 23 I&N Dec. 373 (A.G. 2002) Followed. Even If One Establishes This Level Of Hardship, The Favorable And Adverse Factors Must Be Balanced To Determine If A Waiver Should Be Granted In The Exercise Of Discretion.
On November 1, 2019, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of a grant of Respondent’s application for an INA §209(c) waiver of inadmissibility and… CONTINUE
BIA Holds That When One Is Convicted Of Violating A State Drug Statute That Includes A Controlled Substance Not On The Federal Controlled Substance Schedules, He Or She Must Establish A Realistic Probability That The State Would Actually Apply The Language Of The Statute To Prosecute Conduct Involving That Substance To Avoid The Immigration Consequences Of Such A Conviction. Matter Of Ferreira, 26 I & N Dec. 415 (BIA 2014), Reaffirmed.
On June 11, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent found removable by an Immigration Judge (IJ) for a controlled substance conviction,… CONTINUE
BIA Holds That The Offense Of Sponsoring Or Exhibiting An Animal In An Animal Fighting Venture Is A Categorical Crime Invoking Moral Turpitude
BIA Holds That The Offense Of Sponsoring Or Exhibiting An Animal In An Animal Fighting Venture, In Violation of 7 U.S.C § 2156(a)(1), Is A Categorical Crime Invoking Moral Turpitude…. CONTINUE
BIA Holds That The Term “Prostitution” Is Not Limited to Crimes Involving Sexual Intercourse
BIA Holds That The Term “Prostitution” As Used In INA §101(a)(43)(K)(i), Which Provides That An Offense Relating To Owning, Controlling, Managing, or Supervising A Prostitution Business Is An Aggravated Felony,… 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
BIA Holds That The Offense Of Attempted Voluntary Manslaughter Under California Penal Code Sections 192(A) And 664, Which Requires The Specific Intent To Cause Another Person’s Death, Is Categorically An Aggravated Felony Crime Of Violence Per INA § 101(A)(43)(F), Despite The Fact That The Completed Offense Of Voluntary Manslaughter Itself Is Not Such An Aggravated Felony.
On March 15, 2018 the Board of Immigration Appeals (BIA or Board), sustained the appeal of a decision of the Immigration Judge (IJ) terminating removal proceedings on the ground that… 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
