LexisNexis® Legal Newsroom
CA5 on Notice: Barrios-Cantarero v. Holder

"The BIA committed legal error by determining that Barrios-Cantarero was properly given notice through a letter addressed to Adrian Eliseo and therefore abused its discretion by denying his motion to reopen. ... Here, the BIA failed to apply 8 C.F.R. § 103.8(a)(1)(i) in determining whether...

Thanks to DAPA, Winter is Coming for the BIA - Ben Winograd

"In the long term, the series of memos comprising the administration’s “Executive Action” may finally reduce the historic backlogs facing our nation’s immigration courts. In the short term, however, the memos could exponentially worsen the extensive (and overlooked) backlog...

Unpub. BIA Asylum Remand Victory: Honduras, Social Group

"Since the time of the respondent's hearing, the Board has issued several decisions addressing the issue of particular social group. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) (clarifying what is required to establish a particular...

BIA on Continuous Physical Presence for COR: Matter of Velasquez-Cruz

An alien’s departure from the United States following a criminal conviction for illegal entry under section 275(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1325(a)(1) (2012), interrupts the 10-year period of continuous physical presence required to establish eligibility for cancellation...

IRAC Releases December 2014 Update to Index of Unpublished BIA Decisions

"IRAC is pleased to release an updated version of its Index of Unpublished Decisions of the Board of Immigration Appeals , which now contains links to decisions issued through December 8, 2014. The Index is organized by subject matter and contains links to helpful rulings selected from an ongoing...

Unpub. BIA 4th Am. Violation Remand: Matter of Espana

"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth Amendment violation. The Board noted that ICE...

Unpub. BIA Withholding Victory, Particular Social Group, Witness Testified Against Gang Members

Sarah K. Bazzi writes: "I retained a client for ERO representation and did a FOIA. It turns out that the IJ had granted my client withholding and DHS had appealed. Coincidentally, my alma mater, the University of Hawaii William S. Richardson School of Law, had taken the case pro bono and students...

Unpub. BIA CIMT Victory at Oakdale

"The respondent was convicted under 42 U.S.C. § 408(a)(8), for the offense of Disclosure and Use of the Social Security Number of Another Person in Violation of the Laws of the United States. The statute at 42 U.S.C. § 408(a)(8), criminally sanctions anyone who "discloses, uses, or...

Unpub. BIA: Dent Provides 'Absolute Right' to View A-File - Matter of Lopez-Lopez

"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to allow the Department of Homeland Security to comply with Dent v. Holder , 627 F.3d 365 (9th Cir. 2010), which the Board said "provides an alien with an absolute right to view the contents of his A-file...

Interlocutory Appeal to BIA Granted, COV Motion Granted (in re IJ Deitrich Sims)

Nilou Khonsari writes: "Recently, our nonprofit organization represented a client who sought a motion to change venue from Dallas to San Francisco. The Department of Homeland Security specifically did not oppose the motion to change venue. Immigration Judge Deitrich Sims denied the motion. The denial...

IRAC Releases 2015 Edition of Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the 2015 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index now contains links to more than a thousand unpublished BIA decisions selected for their potential to assist noncitizens...

Unpub. BIA Hague Convention Visa Petition Victory: Castillo Cavazos

"The record shows that the petitioner, a lawful permanent resident (LPR) of the United States, and her spouse, a United States citizen, adopted the beneficiary in Mexico in December 2009, shortly after her birth. The petitioner filed a Form 1·130, Petition for Alien Relative, on behalf of...

Unpub. BIA Victory - Straight Outa Lumpkin!

Bob Beer can give you the details, but on this order , his client will be released from the Stewart, GA hellhole. Hats off to Bob!

Unpub. BIA Categorical Approach Victory: Matter of Calderon

"Upon de novo review, we conclude that a conviction under 18 PA. CONS. STAT. § 6312(d) does not qualify categorically as a conviction for an aggravated felony under section 101 (a)(43)(1) of the Act, such that it would render the respondent removable under section 237(a)(2)(A)(iii) of the Act...

Matter of Chairez-Castrejon, 26 I&N Dec. 478 (BIA 2015)

(1) With respect to aggravated felony convictions, Immigration Judges must follow the law of the circuit court of appeals in whose jurisdiction they sit in evaluating issues of divisibility, so the interpretation of Descamps v. United States, 133 S. Ct. 2276 (2013), reflected in Matter of Chairez, 26...

BIA on Sec. 101(c)(1) Legitimated Child: Matter of Cross, 26 I&N Dec. 485 (BIA 2015)

Official Headnote: A person born out of wedlock may qualify as a legitimated “child” of his or her biological parents under section 101(c)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1101(c)(1) (2012), for purposes of citizenship if he or she was born in a country or State...

Former Salvadoran Defense Minister Ordered Deported for Responsibility for Torture, Extrajudicial Killings: Matter of Vides Casanova

Official Headnote: "The respondent is removable under section 237(a)(4)(D) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(4)(D) (2012), where the totality of the record supported the conclusion that, through his “command responsibility” in his role as Director of the...

General in El Salvador Killings in ’80s Can Be Deported, BIA Rules

"In a decision setting a significant human rights precedent, an immigration appeals court has ruled that a former defense minister of El Salvador, a close ally of Washington during the civil war there in the 1980s, can be deported from the United States because he participated in or concealed torture...

BIA on Corroboration, Continuances: Matter of L-A-C-

Official Headnotes: (1) Where an Immigration Judge finds that an applicant for asylum or withholding of removal has not provided reasonably available corroborating evidence to establish his claim, the Immigration Judge should first consider the applicant’s explanations for the absence of such...

IRAC Releases March 2015 Update to Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through March 16, 2015. Among other newly added cases, the Index now contains decisions holding...

Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart

"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with the consent of the owner, and that the...

BIA on Bond Hearing Venue: Matter of Cerda Reyes

Official Headnote : "The rules for applying for a bond redetermination at 8 C.F.R. § 1003.19(c) (2014) relate to venue, not jurisdiction." - Matter of Cerda Reyes , 26 I&N Dec. 528 (BIA 2015). [Note Footnote 8: "We recognize that there must be coordination between the OCIJ...

Unpub. BIA 4th Amendment Violation Remand: Matter of Espana

Ben Winograd at IRAC writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth Amendment violation...

ICE Removes (Deports) Vides Casanova, Former Salvadoran Defense Minister

"A former minister of defense of El Salvador was removed from the United States by officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) Wednesday, after the Board of Immigration Appeals (BIA) dismissed his appeal and upheld an immigration judge's...

BIA on Admin. Closure: Matter of Montiel

Official Headnote : "Removal proceedings may be delayed, where warranted, pending the adjudication of a direct appeal of a criminal conviction. Matter of Avetisyan , 25 I&N Dec. 688 (BIA 2012), followed." - Matter of Montiel, 26 I&N Dec. 555 (BIA 2015) .