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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...

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 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...

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...

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...

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...

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...

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...

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.” .....

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...

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...

Gomez-Sanchez v. Sessions - "Guillermo Gomez-Sanchez, a native and citizen of Mexico, petitions for review of the published decision by the Board of Immigration Appeals (“BIA” or “the Board”) affirming the Immigration Judge’s...

"We affirm the BIA’s decision concerning withholding of removal pursuant to the CAT, but vacate its decision holding that Blandino’s conviction under [Cal. Penal Code] Section 288(a) is a particularly serious crime per se , and remand...

Velerio-Ramirez v. Lynch, Dec. 11, 2015 - "Inconsistent characterization of the governing law by the immigration authorities and insufficient analysis by the Board of Immigration Appeals ("BIA") lead us, in an abundance of caution, to remand...