Immigration & Citizenship Law Blog | Levin and Pangilinan PC

BIA Holds That In Determining Whether A Conviction Qualifies As An Aggravated Felony Under INA 101(a)(43)(T), The Categorical Approach Applies To Decide If the Offense Involves 1) A Failure To Appear 2) Before A Court, But The Circumstance – Specific Approach Applies to Decide If Such Failure was 1) Pursuant To A Court Order 2) To Answer To Or Dispose Of A Felony Charge 3) For Which A Sentence Of 2 Years Imprisonment Or More May Be Imposed.

May 10, 2016 Philip Levin

On May 5, 2016, the Board of Immigration Appeals (BIA or Board) sustained a Department of Homeland Security (DHS) appeal in holding that a respondent’s conviction of a federal failure… CONTINUE

BIA Holds That Sibling-To-Sibling DNA Test Results Showing At Least A 99.5% Degree Of Certainty That A Full Sibling Relationship Exists Should Be Accepted By USCIS And Considered To Be Probative Evidence Of The Claimed Relationship.

April 15, 2016 Philip Levin

On March 29, 2016, the Board of Immigration Appeals (BIA or Board) ruled on the evidentiary value of direct sibling-to-sibling DNA test results (as opposed to parent-child results for each… CONTINUE

BIA Holds That A Failure To Appear To Serve A Sentence Aggravated Felony Offense Under INA § 101 (a)(43)(Q) Merely Requires That The Underlying Offense Be “Punishable By” Imprisonment For A Term Of 5 Years Or More, Regardless Of The Sentence Respondent Is Actually Ordered To Serve.

March 21, 2016 Philip Levin

On March 17, 2016, The Board of Immigration Appeals (BIA or Board) ruled on the appeal of a respondent convicted of possessing stolen mailbox keys, a Federal felony punishable by… CONTINUE

BIA Holds It Has Jurisdiction To Determine Whether An Appellant Was Eligible For Previous Grant Of Adjustment Of Status Under The Legalization Provisions of INA § 245A(b)(1) For Purposes Of Determining Both Removability And Eligibility For Relief From Removal.

March 18, 2016 Philip Levin

On March 10, 2016, the Board of Immigration Appeals (BIA or Board) found that one who, after obtaining temporary residence status through the legalization program, was convicted of multiple controlled… CONTINUE

BIA Holds That A State Crime Conviction Only Qualifies As An Aggravated Felony Crime Of Violence Under 18 U.S.C. 16(a) If It Requires As An Element The Use, Attempted Use, Or Threatened Use Of Violent Physical Force. Because Aggravated Battery In The Third Degree Under Article 122 Of The Puerto Rico Penal Code May Be Committed By Means That Do Not Require The Use Of Violent Physical Force, It Is Not Categorically A Crime Of Violence Per 18 U.S.C. 16(a). Matter of Martin, 23 I&N Dec. 491(BIA 2002) Withdrawn.

February 26, 2016 Philip Levin

On February 24, 2016, the Board of Immigration Appeals (BIA or Board) considered the appeal of a respondent convicted of third degree aggravated battery under Article 122 of the Puerto… CONTINUE

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