BIA Holds That Immigration Judges And The Board Of Immigration Appeals Lack The Authority To Recognize The Equitable Defense Of Laches In Removal Proceedings. Respondent’s Willful Misrepresentations Regarding His Name,… CONTINUE
BIA Holds That Immigration Judges May Exercise Their Discretion To Rescind An In Absentia Removal Order and Grant Reopening
BIA Holds That Immigration Judges And The Board Of Immigration Appeals Lack The Authority To Recognize The BIA Holds That Immigration Judges May Exercise Their Discretion To Rescind An In… CONTINUE
Attorney General Issues Two Decisions Vacating Trump-Era Cases
Attorney General Issues Two Decisions Vacating Trump-Era Cases, Directing Immigration Judges And The BIA To No Longer Follow The Holdings Of Matter Of L-E-A-, 27 I&N Dec. 581 (A.G. 2019)… CONTINUE
Follow the Rules To Gain Asylum for Religious Persecution
BIA Holds That The Mere Continuation Of An Activity In The United States That Is Substantially Similar To The Activity From Which An Initial Claim Of Past Persecution Is Alleged… 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
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 Immigration Judge Properly Determined That Respondent Was A Flight Risk And Denied His Request For A Custody Redetermination Where, Although His Asylum Application Was Pending, He Had No Family, Employment Or Community Ties And No Probable Path To Obtain Lawful Status So As To Warrant His Release On Bond.
On March 18, 2020, the Board of Immigration Appeals (BIA or Board) dismissed Respondent’s appeal of the Immigration Judge (IJ’s) denial of his request to be released on bond. Respondent,… CONTINUE
BIA Holds That An Immigration Judge Has The Authority To Dismiss Removal Proceedings Per 8 C.F.R. §239.2(a)(7) Upon A Finding That Respondent Abused The Asylum Process By Filing A Meritless Asylum Application With USCIS For The Sole Purpose Of Seeking Cancellation Of Removal In The Immigration Court.
On May 31, 2019, the Board of Immigration Appeals (BIA or Board) dismissed an appeal by respondents of the granting by an Immigration Judge (IJ) of a DHS motion to… CONTINUE
BIA Holds That The Categorical Approach Does Not Govern Whether Violation Of A Protection Order Renders One Ineligible For Cancellation Of Removal
BIA Holds That The Categorical Approach Does Not Govern Whether Violation Of A Protection Order Per INA §237(a)(2)(E)(ii) Renders One Ineligible For Cancellation Of Removal Under INA §240A(b)(1)(C); Instead, Immigration… CONTINUE
