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Immigration Law

A.G. Barr Refers Matter of Reyes for Review

Matter of Reyes, 27 I&N Dec. 708 (A.G. 2019)

"Pursuant to 8 C.F.R. §1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me, I invite the parties and interested amici to submit briefs that address whether an alien who has been convicted of a criminal offense necessarily has been convicted of an aggravated felony for purposes of 8 U.S.C. §1227(a)(2)(A)(iii), where all of the elements of the underlying statute of conviction, and thus all of the means of committing the offense, correspond either to an aggravated felony theft offense, as defined in 8 U.S.C. §1101(a)(43)(G), or to an aggravated felony fraud offense, as defined in 8 U.S.C. §1101(a)(43)(M)(i). The parties’ briefs shall not exceed 15,000 words and shall be filed on or before December 20, 2019. Interested amici may submit briefs not exceeding 9,000 words on or before January 17, 2020. The parties may submit reply briefs not exceeding 6,000 words on or before January 17, 2020. All filings shall be accompanied by proof of service and shall be submitted electronically to AGCertification@usdoj.gov, and in triplicate to: United States Department of Justice Office of the Attorney General, Room 5114 950 Pennsylvania Avenue, NW Washington, DC 20530 All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored."

[Many thanks to IRAC and attorney Ben Winograd for the copy of the underlying unpublished BIA decision, Matter of Reyes, A031-123-346 (Apr. 24, 2019), a 2-1, three-member panel decision (Greer, Wendtland, O'Connor; O'Connor dissenting) dismissing a DHS appeal of an IJ termination.]