BIA Holds That Determining Whether The Government Is Or Was Unable Or Unwilling To Protect A Respondent From Harm Is A Fact Specific Inquiry Based On Consideration Of All Evidence…. CONTINUE

5.22.2023 BIA Holds That A Conviction For Burglary Of A Building Under New York Penal Law §140.25(1)(d) Is Not Categorically An Aggravated Felony Burglary Offense Under INA §101(a)(43)(G) Because The… CONTINUE

8.1.2023 On August 1, 2023, the Board of Immigration Appeals (BIA or Board) published an Amicus Invitation (Notice to Appear), welcoming interested members of the public to file amicus curiae… CONTINUE

BIA Holds That It Has Authority To Accept What Are Otherwise Untimely Appeals, And Consider Them Timely, In Certain Situations Because 8 C.F.R. § 1003.35(b) Is A Claim-Processing Rule And… CONTINUE

BIA Holds That, Under The Modified Categorical Approach, An Immigration Judge May Consider The Transcript Of A Plea Colloquy In Determining The Factual Basis Of A Plea. On April 28,… CONTINUE

BIA Holds That For Choice Of Law Purposes, The Controlling Circuit Law In Immigration Court Proceedings Is The Law Governing The Geographic Location Of The Immigration Court Where Venue Lies,… CONTINUE

BIA Holds That Pereira v. Sessions, 138 S. Ct. 2105 (2018) And Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021) Are Inapplicable To Proceedings Initiated By A Notice To Applicant… CONTINUE

BIA Holds That Noncitizens Who Are Inadmissible For A Specified Period Of Time Pursuant To INA § 212(a)(9)(B)(i), Due To Their Previous Unlawful Presence And Departure, Are Not Required To… CONTINUE