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Immigration Law

BIA Amicus Brief Invitation - Modified Categorical Approach, Pereida, Evidence

BIA, Sept. 30, 2021

"Amicus Invitation No. 21-30-09 AMICUS INVITATION, Due Date: October 21, 2021

September 30, 2021

The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:

ISSUE PRESENTED:

1. Does Pereida v. Wilkinson, 141 S. Ct. 754 (2021), authorize an Immigration Judge to rely on any document or record covered by section 240(c)(3)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(c)(3)(B), when conducting a modified categorical analysis of a noncitizen’s removability?

2. Is a transcript from a defendant’s sentencing hearing or sentencing modification hearing a document covered by section 240(c)(3)(B) of the Act, and if it is, can information from the transcript revealing the identity of a controlled substance be considered under a modified categorical analysis?

3. In light of Pereida and section 240(c)(4)(i) of the Act, can a noncitizen establish by a preponderance of the evidence his or her eligibility for asylum and withholding of removal if the record is inconclusive as to whether his or her conviction constitutes an aggravated felony and a particularly serious crime?"