Immigration Law

BIA on Categorical Approach, Failure to Appear, Circumstance-Specific Approach - Matter of Garza-Olivares

Matter of Garza-Olivares,  26 I&N Dec. 736 (BIA 2016) - In assessing whether an offense qualifies as an aggravated felony under section 101(a)(43)(T) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(T) (2012), the categorical approach applies to decide if the offense relates to an alien’s failure to appear before a court, but the circumstance-specific approach applies to determine if the failure to appear was (1) pursuant to a court order (2) to answer to or dispose of a charge of a felony (3) for which a sentence of 2 years’ imprisonment or more may be imposed.