Immigration & Citizenship Law Blog | Levin and Pangilinan PC

BIA Holds A Conviction For Endangering The Welfare Of a Child Under Section 260.10(1) Of The New York Penal Law, Which Requires Knowingly Acting In A Manner Likely To Be Injurious To The Physical, Mental Or Moral Welfare Of A Child, Categorically Qualifies As A ‘Crime Of Child Abuse, Child Neglect, Or Child Abandonment” Per INA § 237(a)(2)(E)(i).

February 18, 2016 Philip Levin

On February 9, 2016, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent found removable under INA § 237(a)(2)(E)(i) as one convicted of a “crime… CONTINUE

BIA Holds time served in a substance abuse treatment facility, imposed as a condition of probation, constitutes a “Term of Confinement” per INA § 101(a)(48)(B) for purposes of determining whether an offense is an aggravated felony crime of violence under INA § 101(a)(43)(F).

January 6, 2016 Philip Levin

On December 9, 2015, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent who had been convicted of marijuana possession and charged with aggravated assault… CONTINUE

BIA Holds That A Witness Testifying About Events He Or She Has Experienced Has Personal Knowledge Of The Matters Addressed And The Federal Rules Of Evidence Requirements Regarding The Admission Of Expert And Lay Testimony Do Not Apply. Additionally, Conduct By An Immigration Judge (IJ) That Is Bullying Or Hostile To A Witness Is Inappropriate, Particularly When It Involves A Minor, And May Result In A Remand To a New IJ.

December 10, 2015 Philip Levin

On November 23, 2015, the Board of Immigration Appeals (BIA or Board) vacated a decision of the Immigration Judge (IJ) denying a 15 year-old’s request for withholding of removal and… CONTINUE

BIA Holds That For Purposes OF NACARA Special Rule Cancellation, Continuous Physical Presence Is Measured From The Respondent’s Most Recently Incurred Ground Of Removal, At Least If That Ground Is Set Forth In 8 CFR § 1240.66(c)(1).

December 10, 2015 Philip Levin

On December 2, 2015, the Board of Immigration Appeals (BIA or Board) decided how to calculate continuous physical presence for special rule cancellation of removal under NACARA where a respondent… CONTINUE

BIA Holds That In Immigration Proceedings, Neither Party Bears A Formal Burden Of Proof To Establish The Respondent Is Mentally Competent, But Where Indications Of Incompetency Are Apparent, The Immigration Judge Should Determine If Competency Is Proved By A Preponderance Of The Evidence, A Finding Of Fact The Board Reviews Under A Clearly Erroneous Standard.

November 5, 2015 Philip Levin

On November 2, 2015 the Board of Immigration Appeals (BIA or Board) “set forth a framework for allocation of the burden of proof for mental competency issues raised in immigration… CONTINUE

BIA Holds The Voluntary Return of a Respondent Who Has The Right To A Hearing Before An Immigration Judge Does Not Break Continuous Physical Presence For Purposes Of Cancellation of Removal Per INA § 240A(b)(1)(A) In The Absence Of Evidence He Or She Knew Of And Waived The Right To Such A Hearing, Following Matter of Castrejon-Colino, 26 I.&N. Dec. 667 (BIAQ 2015).

November 3, 2015 Philip Levin

On October 28, 2015, the Board of Immigration Appeals (BIA or Board), in a companion case to Matter of Castrejon-Colino, 26 I.&N. Dec 667 (BIA 2015), held again that evidence… CONTINUE

BIA Holds The Voluntary Return Of A Respondent Who Has The Right To A Hearing Before An Immigration Judge Does Not Break Continuous Physical Presence For Purposes Of Cancellation Of Removal Per INA §240A(b)(1)(A) In The Absence Of Evidence He Or She Knew Of And Waived The Right To Such A Hearing, Clarifying Matter Of Avilez, 23 I.&N. Dec. 799 (BIA 2005).

November 1, 2015 Philip Levin

On October 28, 2015, the Board of Immigration Appeals (BIA or Board) sustained the appeal of an Immigration Court removal order. The Immigration Judge (IJ) had pretermitted the applicant’s request… CONTINUE

Green Card Self-Petitioning Versus The “PERM” Process

October 2, 2015 Philip Levin

There are the exceptions to the rule that you generally need a sponsor to allow you to get a green card: Individuals who are some of the few, at the… CONTINUE

Labor Certification

September 25, 2015 Philip Levin

Q: Is the Labor Certification part of the H-1B? What type of a Visa is that? A: It’s to help the person get a Green Card. So, there are subcategories… CONTINUE

BIA Holds Immigration Judge Can Use Significant Similarities Between Claims Filed in Separate Proceedings to Make an Adverse Credibility Determination if a Three-Part Framework is Followed.

September 21, 2015 Philip Levin

BIA HOLDS IMMIGRATION JUDGE CAN USE SIGNIFICANT SIMILARITIES BETWEEN CLAIMS FILED IN SEPARATE PROCEEDINGS TO MAKE AN ADVERSE CREDIBILITY DETERMINATION IF A THREE-PART FRAMEWORK IS FOLLOWED. On September 8, 2015,… CONTINUE