IDP, HIRCP, Aug. 2024 Particularly Serious Crime” Bars on Asylum and Withholding of Removal: Legal Standards and Sample Case Law Determinations "This resource is meant to assist in the legal representation of (1) noncitizens in criminal proceedings...
Annor v. Garland "David Annor, a citizen of Ghana and a lawful permanent resident of the United States, used his business to funnel the proceeds of a “romance fraud scheme” to militiamen in Ghana. After Annor pled guilty to one count of conspiracy...
Dor v. Garland "Petitioner, Jonalson Dor ("Dor"), seeks judicial review of a Board of Immigration Appeals ("BIA") decision affirming an immigration judge's ("IJ") decision to deny Dor's applications for relief from removal...
Birhanu v. Garland "Our ruling in this case, in which Judge Bacharach concurred and dissented, [990 F.3d 1242, 2021 U.S. App. LEXIS 6770 Birhanu v. Wilkinson] has been vacated by the Supreme Court [2022 U.S. LEXIS 3172 Birhanu v. Garland] and the matter...
Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022) - "This case was last before us on October 28, 2016, when we dismissed the respondent’s appeal from the Immigration Judge’s decision denying his application for withholding of removal under section 241(b)(3...
Mendoza-Garcia v. Garland "The BIA reviews de novo the IJ’s determination of “questions of law, discretion, and judgment,” 8 C.F.R. § 1003.1(d)(3)(ii), including whether an alien’s prior offense is a “particularly serious crime.” It is unclear whether the...
Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022) (1) Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014) , is overruled. (2) Immigration adjudicators may consider a respondent’s mental health in determining whether an individual, “having been convicted by a final...
Panel decision in Matter of B-Z-R-, Dec. 3, 2020 [Now on referral to the A.G. ]
28 I&N Dec. 424 (A.G. 2021) "BEFORE THE ATTORNEY GENERAL 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...
Villegas-Castro v. Garland "We conclude that the Board erred in three ways. First, the Board erred in overturning the grant of asylum. The Board decided that Mr. Villegas-Castro had not filed a new application. But if he hadn’t filed a new asylum application...
DeCarvalho v. Garland "The Board of Immigration Appeals (BIA) held that Janito DeCarvalho's conviction for possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws ch. 94C, § 32A(a), constitutes a "particularly serious crime"...
Shazi v. Wilkinson "The BIA adopted its categorical ban on mental health evidence in Matter of G-G-S-, 26 I. & N. Dec. 339 (BIA 2014). ... [W]e join the Ninth Circuit and find the BIA’s conclusion “to be unreasonable.” ... [W]e find that the BIA’s categorical...
Luziga v. Atty. Gen. "An Immigration Judge (IJ) decided, and the Board of Immigration Appeals (BIA) agreed, that Petitioner Ayub Luziga is ineligible for withholding of removal under the Immigration and Nationality Act (INA) and the Convention Against Torture...
Bastardo-Vale v. A.G. "Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated felonies. We hold that...
Flores v. Atty. Gen., May 8, 2017 - "Patricia Flores, a native and citizen of Guatemala, seeks review of a decision by the Board of Immigration Appeals (“BIA”) that found her ineligible for withholding of removal because she had been convicted of a “particularly...