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IRAC Releases September 2015 Update to Index of Unpublished BIA Decisions

IRAC, Sept. 16, 2015 - "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& Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through August 11, 2015. Among other newly added cases, the Index now contains...

Unpub. BIA Exceptional Circumstances Sua Sponte Reopening Victory

Raed Gonzalez writes: "This client was ordered removed in absentia in 2001. In 2014, a lawyer filed a motion to reopen asserting lack of notice. The lawyer filed a patently deficient one-paragraph motion to reopen. When this motion was denied, we filed an appeal of the denial of the motion to reopen...

BIA Invites Amicus Briefs on Francisco-Alonzo, 'Ordinary Case' Methodology

SEPTEMBER 28, 2015 - Amicus Invitation No. 15-09-28, DUE OCTOBER 28, 2015 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: 1) What effect, if any, does the Supreme Court’s decision...

CA9 on Clear Error: Zumel v. Lynch

"Assuming that intent under § 1182(a)(3)(B)(iii)(V)(b) is a factual question, the BIA here erred in failing to apply the clear error standard of review to the IJ’s resolution of the intent issue. ... Because the BIA did not acknowledge the proper standard of review, ignored facts found...

CA5 Remand in Mexican Transgender Withholding Case (Unpub. Order)

Geoffrey A. Hoffman , Clinical Assoc. Professor and Director of the University of Houston Law Center Immigration Clinic reports that the U.S. Court of Appeals for the Fifth Circuit, in an unpublished order, has remanded a Mexican transgender withholding case back to the BIA on joint motion. From the...

News Excerpts From the Oct. 15, 2015, Bender’s Immigration Bulletin

Administration Faces Criticism, Lawsuit After Revising October Visa Bulletin | The Department of State and Department of Homeland Security faced extensive criticism and a federal lawsuit after revising the October visa bulletin less than a week before it was expected to take effect. The revised visa...

Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision affirming a grant of relief . The Respondent...

IRAC Releases October 2015 Update to Index of Unpublished BIA Decisions

IRAC, Oct. 22, 2015 - "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 October 14, 2015. Among other newly added cases, the Index now contains...

Unpub. BIA PSG (Pro Bono) Asylum Victory - Honduran Journalist

Hats off to Kramer Levin pro bono attorney Marsha Sukach , volunteering for the BIA Pro Bono Appeals Project , who scored this ' particular social group ' asylum win on appeal: "[W]e conclude that the respondent has demonstrated he suffered past persecution on account of his membership...

BIA on 'Continuous Physical Presence' - Matter of Castrejon-Colino; Matter of Garcia-Ramirez

Matter of Castrejon-Colino, 26 I&N Dec. 667 (BIA 2015) - (1) Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien’s continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of...

BIA on Competency: Matter of J-S-S-, 26 I&N Dec. 679 (BIA 2015)

Matter of J-S-S-, 26 I&N Dec. 679 (BIA 2015) (1) Neither party bears a formal burden of proof in immigration proceedings to establish whether or not the respondent is mentally competent, but where indicia of incompetency are identified, the Immigration Judge should determine if a preponderance...

A.G. to Review Divisibility; Chairez-Castrejon and Sama Stayed: 26 I&N Dec. 686 (A.G. 2015)

Matter of Martin CHAIREZ-Castrejon, Matter of Vera SAMA, 26 I&N Dec. 686 (A.G. 2015) "The Attorney General referred the decisions of the Board of Immigration Appeals to herself for review of an issue relating to the application of Descamps v. United States, 133 S. Ct. 2276 (2013), ordering...

BIA Invites Amicus Briefs on False Statements

Amicus Invitation No. 15-11-10, Nov. 10, 2015 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: 1) In determining whether an offense constitutes an aggravated felony under section 101(a)(43)...

BIA on Immigration Judge Conduct: Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015)

Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015) (1) The requirements of the Federal Rules of Evidence with respect to the admission of expert testimony are inapposite to a respondent’s testimony regarding events of which he or she has personal knowledge. (2) Conduct by an Immigration Judge...

BIA on Special Rule Cancellation, Physical Presence: Matter of Castro-Lopez, 26 I&N Dec. 693 (BIA 2015)

Matter of Castro-Lopez, 26 I&N Dec. 693 (BIA 2015) - The 10 years of continuous physical presence required by 8 C.F.R. § 1240.66(c)(2) (2015) for aliens seeking special rule cancellation of removal under section 203 of the Nicaraguan Adjustment and Central American Relief Act, Pub. L. No. 105...

BIA on Term of Confinement: Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015)

Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015) - A term of confinement in a substance abuse treatment facility imposed as a condition of probation pursuant to article 42.12, section 14(a) of the Texas Code of Criminal Procedure constitutes a “term of confinement” under section...

Unpub. BIA Mandatory Detention Remand Victory; Lopez-Meza Distinguished; No CIMT

Hats off to Steven Lyons, Martin C. Liu & Associates PLLC, New York, for this Dec. 11, 2015 unpublished BIA victory : "In the respondent's case, he did not drive under the influence with a suspended license but rather operated a motor vehicle with a license that had been suspended because...

BIA Upholds Decision to Remove Former Salvadoran Minister of Defense from the U.S.

CJA, Dec. 15, 2015 - " On December 15, 2015, the U.S. Board of Immigration Appeals upheld and finalized the removal order of former Salvadoran Minister of Defense General José Guillermo García. The decision affirmed the extensive findings of Immigration Judge Michael C. Horn that García...

Unpub. BIA Cancellation Remand - Detroit

Russell Abrutyn writes: "The BIA granted a second motion to reopen and remanded for further consideration of the respondent's eligibility for cancellation of removal as a permanent resident. In reopening, the BIA noted the ineffective assistance of counsel the respondent received, the abuse...

Unpub. BIA Asylum Victory Extends Matter of A-R-C-G-

Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "[ Linked here ] is a redacted version of a recent [18 Dec 2015] BIA asylum victory that my colleague Sital Kalantry and two Cornell law students litigated. The case involves a woman from El Salvador who was...

BIA Stays Deportations of Several Central American Families

Franco Ordoñez, McClatchyDC, Jan. 6, 2015 - "The nation’s highest immigration court has delayed the deportations of four families out of hundreds of Central American migrant adults and children rounded up in raids over the New Year’s weekend as part of a nationwide effort to combat...

BIA Calls for Amicus Briefs on Family as Particular Social Group - Deadline Feb. 10, 2016

BIA, Jan. 11, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUES PRESENTED: (1) Where an asylum applicant has demonstrated persecution because of his or her membership in a particular social group...

IRAC Releases 2016 Edition of Index of Unpublished BIA Decisions

IRAC, Jan. 13, 2016 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the 2016 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index contains links to more than 1,000 unpublished BIA decisions selected for their potential to assist...

Geoffrey Hoffman on Unpub. BIA Victory for Cornell Law Students

Geoffrey Hoffman, Feb. 2, 2016 - "The three interlocutory appeals of denials of law student appearances filed on behalf of Cornell Law School ’s clinical programs were successfully granted by the Board of Immigration Appeals (BIA). I would like to take a moment to pause and reflect on this...

BIA Amicus Invitation Reset to March 7, 2016

USDOJ-EOIR-BIA, Feb. 4, 2016 Amicus Invitation Reset Amicus Invitation No. 16-01-11 AMICUS INVITATION ( Family as a Particular Social Group ), DUE March 7, 2016