Flores-Abarca v. Barr "[W]e hold that the Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not one of the firearms offenses listed under 8 U.S.C. § 1227(a)(2)(C). Accordingly, this conviction does not disqualify Flores Abarca from...
Marinelarena v. Sessions "We must decide whether, in the context of eligibility for cancellation of removal under 8 U.S.C. § 1229b(b), a record that is ambiguous as to whether a state law conviction constitutes a predicate offense that would bar a petitioner...
Jeffrey S. Chase, June 7, 2019 "On May 31, the BIA published a precedent decision in Matters of Andrade Jaso and Carbajal Ayala . In that decision, Board Member Garry Malphrus (writing for a panel that included Hugh Mullane and Ellen Liebowitz) held that...
Hernandez-Perez v. Whitaker - "Leonel Hernandez-Perez originally applied for cancellation of removal based on hardship that his removal would cause his U.S. citizen daughter, L. After that application was denied, he filed a motion to reopen removal proceedings...
Matter of Castillo-Perez, 27 I&N Dec. 495 (A.G. 2018) 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 stayed...
Nguyen v. Sessions - "Vu Minh Nguyen, a citizen of Vietnam, immigrated to the United States as a lawful permanent resident in the year 2000, when he was eighteen years old. Fifteen years later, he was placed in removal proceedings and charged with removability...
Sanchez v. Sessions, May 24, 2017 - "Given the irreparable harm that Sanchez’s removal could inflict on his minor U.S.‐citizen children, we have decided to stay the order of removal until we rule on his petition for review of the decision of the Board of Immigration...
Carrie Pastor Cardinale writes: "I am attaching a BIA opinion on a case in which the my client was detained because the IJ denied bail due to his mental illness. The IJ felt that the client's mental illness made him a security threat regardless of the...
Federal Register / Vol. 81, No. 230 / Wednesday, November 30, 2016 - "The Department of Justice proposes to amend the regulations of the Executive Office for Immigration Review (EOIR) governing the annual statutory limitation on cancellation of removal and...
Russell Abrutyn writes: "The BIA granted a second motion to reopen and remanded for further consideration of the respondent's eligibility for cancellation of removal as a permanent resident. In reopening, the BIA noted the ineffective assistance of counsel...
Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015) - A term of confinement in a substance abuse treatment facility imposed as a condition of probation pursuant to article 42.12, section 14(a) of the Texas Code of Criminal Procedure constitutes a “term of...
Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision affirming...
Disha Chandiramani writes: "[ Here is a] decision I received from the Board reversing an IJ in North Carolina and granting Non-LPR Cancellation of Removal. The IJ initially denied cancellation. The respondent appealed and the Board remanded to the IJ for...
Official Headnote : A notice to appear that was served on an alien but never resulted in the commencement of removal proceedings does not have “stop-time” effect for purposes of establishing eligibility for cancellation of removal pursuant to section 240A(d)(1...
Official Headnote : A grant of Family Unity Program benefits does not constitute an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2012), for purposes of establishing that an alien...