BIA HOLDS THAT REMOVAL PROCEEDINGS MAY BE ADMINISTRATIVELY CLOSED OR DELAYED PENDING THE ADJUDICATION OF A DIRECT APPEAL OF A CRIMINAL CONVICTION. On April 17, 2015, the Board of Immigration… CONTINUE
BIA HOLDS THAT THE REGULATION CONCERNING ONE’S APPLICATION FOR A BOND REDETERMINATION RELATES TO VENUE AND IS NOT JURISDICTIONAL.
On March 14, 2015, the Board of Immigration Appeals (BIA) issued a decision parsing 8 C.F.R. § 1003.19(c), the regulation covering the rules for applying for a bond redetermination. In… CONTINUE
BIA HOLDS THAT INA § 208(b)(1)(B)(ii) DOES NOT REQUIRE AN IMMIGRATION JUDGE (IJ) TO GIVE A POLITICAL ASYLUM APPLICANT ADVANCE NOTICE OF WHAT EVIDENCE WILL ESTABLISH HIS OR HER CLAIM OR TO GRANT AN AUTOMATIC CONTINUANCE TO OBTAIN SUCH CORROBORATION.
On March 11, 2015, the Board of Immigration Appeals (BIA), in an exhaustive opinion rebutting virtually every one of the respondent’s legal and factual arguments, held that through his “command… CONTINUE
BIA HOLDS FORMER EL SALVADOREAN GOVERNMENT OFFICIAL REMOVABLE UNDER INA § 237(a)(4)(D) (COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING), FINDING THAT SUCH ACTS TOOK PLACE WHILE HE WAS IN COMMAND, WAS AWARE OF THESE ABUSES, BUT THROUGH HIS INTERFERENCE WITH INVESTIGATIONS AND HIS INACTION, DID NOT HOLD THE PERPETRATORS ACCOUNTABLE.
On March 11, 2015, the Board of Immigration Appeals (BIA), in an exhaustive opinion rebutting virtually every one of the respondent’s legal and factual arguments, held that through his “command… CONTINUE
California Accepts Driver’s License Applications from Illegal Immigrants
At the beginning of January, California became the 10th state to offer driver’s licenses to illegal immigrants. Applicants are no longer required to present a valid social security number to… CONTINUE
White House Will Ask Judge to Lift Temporary Order Blocking Obama’s Executive Actions Affecting Immigration
The White House announced that it will file a request with a Texas court to lift its temporary order that blocks immigration reform. The case filed in the Texas court… CONTINUE
BIA HOLDS THAT A PERSON BORN ABROAD TO UNMARRIED PARENTS CAN QUALIFY AS A “CHILD” UNDER INA § 320(a) (AUTOMATIC ACQUISITION OF DERIVATIVE U.S. CITIZENSHIP) IF HE OR SHE IS OTHERWISE ELIGIBLE AND WAS BORN IN A COUNTRY OR STATE THAT HAD ELIMINATED LEGAL DISCTINCTIONS BETWEEN CHILDREN BASED ON THEIR PARENTS’ MARITAL STATUS OR HAD A RESIDENCE OR DOMICILE IN SUCH A COUNTRY OR STATE.
BIA HOLDS THAT A PERSON BORN ABROAD TO UNMARRIED PARENTS CAN QUALIFY AS A “CHILD” UNDER INA § 320(a) (AUTOMATIC ACQUISITION OF DERIVATIVE U.S. CITIZENSHIP) IF HE OR SHE IS OTHERWISE ELIGIBLE… CONTINUE
BIA PARTIALLY VACATES Matter of Chairez-Castrejon, HOLDING THAT—AS TO THE DIVISIBILITY OF AGGRAVATED FELONY STATUTES—IMMIGRATION JUDGES SHOULD FOLLOW THE LAW OF THE CIRCUIT IN WHOSE JURISDICTION THEY SIT, APPLYING Chairez-Castrejon ONLY IF THERE IS NO CONTRARY CONTROLLING CIRCUIT AUTHORITY.
BIA PARTIALLY VACATES Matter of Chairez-Castrejon, HOLDING THAT—AS TO THE DIVISIBILITY OF AGGRAVATED FELONY STATUTES—IMMIGRATION JUDGES SHOULD FOLLOW THE LAW OF THE CIRCUIT IN WHOSE JURISDICTION THEY SIT, APPLYING Chairez-Castrejon ONLY IF… CONTINUE
BIA HOLDS THAT TEXAS “DEADLY CONDUCT” CONVICTION FOR RECKLESSLY PLACING ANOTHER IN IMMINENT DANGER OF SERIOUS BODILY INJURY CATEGORICALLY QUALIFIES AS A CRIME INVOLVING MORAL TURPITUDE.
On January 8, 2015, the Board of Immigration Appeals (BIA) held that a conviction under Texas Penal Code Section 22.05 for recklessly engaging in conduct that places another in imminent… CONTINUE
BIA HOLDS THAT CONVICTION UNDER CALIFORNIA PENAL CODE SECTION 261.5(c) FOR UNLAWFUL INTERCOURSE WITH A MINOR MORE THAN 3 YEARS YOUNGER THAN THE PERPETRATOR CONSTIUTES “SEXUAL ABUSE OF A MINOR” AND IS THUS AN AGGRAVATED FELONY PER INA § 101(a)(43)(A).
On January 9, 2015, in a long and complex opinion, the Board of Immigration Appeals (BIA) found that a California statutory rape conviction under Penal Code Section 261.5(c), which requires… CONTINUE
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