On October 12, 2018, Attorney General (AG) Jefferson Sessions issued an order noting that he had previously, on September 18, 2018, directed the Board of Immigration Appeals (BIA or Board)… CONTINUE
BIA Holds That A Notice To Appear That Does Not Specify The Time And Place Of A Respondent’s Initial Removal Hearing Vests An Immigration Judge With Jurisdiction Over The Proceedings And Meets The Requirements Of INA §239 (a), So Long As A Notice Of Hearing Specifying This Information Is Later Send To The Respondent, Distinguishing Pereira v. Sessions, 138 S. Ct. 2105 (2018).
On August 30, 2018, the Board of Immigration Appeals (BIA or Board) dismissed both an appeal and a motion to terminate in a case where the Immigration Judge (IJ) had… CONTINUE
BIA Holds A Conviction Does Not Attain A Sufficient Degree Of Finality For Immigration Purposes Until The Right To Direct Appellate Review On The Merits Of The Conviction Has Been Exhausted Or Waived. Once DHS Establishes That A Respondent Has A Criminal Conviction And That The Time For Filing A Direct Appeal Has Passed, A Presumption Arises That The Conviction Is Final For Immigration Purposes, Which Respondent Can Rebut With Evidence That An Appeal Has Been Timely Filed, Including Any Extensions Or Permissive Filings Granted By The Appellate Court, And That The Appeal Relates To The Issue of Guilt Or Innocence Or Concerns A Substantive Defect In The Criminal Proceedings. Appeals, Including Direct Appeals, And Collateral Attacks, That Do Not Relate To The Underlying Merits Of The Conviction Will Not Be Given Effect To Eliminate The Finality Of The Conviction.
On August 29, 2018, the Board of Immigration Appeals (BIA or Board) denied an appeal and remanded the record to the Immigration Judge (IJ) in a case where the respondent,… 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
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
San Francisco Immigration Lawyer Philip Levin Discusses the Tibbetts Case
TRANSCRIPT: Anchor: And new tonight at 9 complicating this already tragic case as we mentioned the suspect is an undocumented immigrant and is a similar case to the death… CONTINUE
One Who Is Subject To The Persecutor Bar To Asylum Eligibility May Claim A Limited Duress Defense.
The minimum requirements of such a asylum eligibility defense mandate that the applicant establish by a preponderance of the evidence that: 1) He acted under an imminent threat of death… CONTINUE
Recent Attorney General Sessions Holdings re the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014)
Attorney General Sessions Holds re the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014): Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) Was Wrongly Decided And Is Overruled; One… CONTINUE
BIA Holds That Providing “Material Support” To A Terrorist Organization Involves An Act That Has A Logical And Reasonably Foreseeable Tendency To Promote, Sustain, Or Maintain The Organization.
BIA Holds That Providing “Material Support” To A Terrorist Organization Involves An Act That Has A Logical And Reasonably Foreseeable Tendency To Promote, Sustain, Or Maintain The Organization, Even If… CONTINUE
Attorney General Sessions Holds That Immigration Judges And The Board of Immigration Appeals Have No General Authority To Suspend Indefinitely Immigration Proceedings Via Administrative Closure
Attorney General Sessions Holds That Immigration Judges And The Board of Immigration Appeals Have No General Authority To Suspend Indefinitely Immigration Proceedings Via Administrative Closure But MAY Only Administratively Close… CONTINUE
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