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BIA Amicus Brief Deadline Extended

October 29, 2021 (1 min read)

EOIR, Oct. 29, 2021

"Amicus Invitation No. 21-30-09 AMICUS INVITATION (Record of Conviction) Due October 21, 2021

(Amended) Deadline extended, Due November 19, 2021

November 19, 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)(A)(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?"