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"On July 24, the Board of Immigration Appeals (“Board” or “BIA”) issued a decision in which it applied last year’s Supreme Court’s decisions in Moncrieffe v. Holder and Descamps v. United States to modify and/or clarify the Board’s views on proper application of the categorical approach for determining whether a conviction fits within a criminal removal ground. Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014). ... This advisory describes the above developments in the BIA’s view of proper application of the categorical approach in the sections below relating to (1) minimum conduct test; (2) divisibility; (3) realistic probability standard; and (4) relief eligibility burden of proof." - IDP, July 31, 2014.
Copyright (c) 2014, National Immigration Project of the National Lawyers Guild and Immigrant Defense Project. This Advisory was written by Manny Vargas with input and assistance from Dan Kesselbrenner and Sejal Zota. This Advisory is intended for lawyers and is not a substitute for independent legal advice supplied by a lawyer familiar with a client’s case.