Matter of Thakker, 28 I&N Dec. 843 (BIA 2024) (1) The assumption in Matter of Jurado that a retail theft offense involves an intent to permanently deprive a victim of their property is inconsistent with the categorical approach as currently articulated by...
Jeremy McKinney, AILA Think Immigration Blog, Sept. 12, 2024 "... Last week, the Board of Immigration Appeals (BIA), in Matter of R-T-P- , handed immigration judges the authority to “fix” these defective NTAs instead of requiring DHS to do their...
On June 28, 2024 the BIA invited amici to brief the following question : "What is the scope of the Immigration Judge’s duty to develop the record for a pro se respondent? See, e.g., Arteaga-Ramirez v. Barr, 954 F.3d 812 (5th Cir. 2020); Matter of J-F...
June 18, 2024 memo from Chief IJ Sheila McNulty July 1, 2024 memo from CAIJ David H. Wetmore
BIA, June 28, 2024 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: What is the scope of the Immigration Judge’s duty to develop the record for...
Hats off to Ana Maria Portela (Arocha) for scoring this victory on June 5, 2024!
Hats off to Lisa Seifert , my friend and colleague from my Seattle days (1996-2001) for this remand on the issue of hardship by AIJ Sunita B. Mahtabfar.* * "Attorney General William P. Barr appointed Sunita B. Mahtabfar as an Appellate Immigration Judge...
This document is scheduled to be published in the Federal Register on 05/29/2024 "On September 8, 2023, the Department of Justice (“Department”) published a notice of proposed rulemaking (“NPRM”) proposing to rescind an enjoined December...
EOIR, May 10, 2024 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 20 immigration judges—18 immigration judges who joined courts in California, Georgia, Maryland, Massachusetts, New York, Oregon, Pennsylvania...
Appellate Immigration Judge "This position is in the Board of Immigration Appeals, within the Executive Office for Immigration Review. The incumbent reports to a Deputy Chief Appellate Immigration Judge, who in turn reports to the Chief Appellate Immigration...
This document is scheduled to be published in the Federal Register on 04/02/2024 "On April 1, 2020, the Department of Justice (“the Department” or “DOJ”) published an interim final rule (“IFR”) with request for comments...
Loyola, Mar. 12, 2024 "Adjunct Law Professor Homero Lopez has been appointed to the Board of Immigration Appeals, the top administrative appellate agency to review immigration court decisions in the United States! Judge Lopez will start considering appeals...
Matter of F-C-S- "Regarding the respondent’s two remaining proposed particular social groups, we will remand to the Immigration Judge for further development of the record. The Immigration Judge’s decision contains conflicting legal conclusions...
Matter of Azrag, 28 I&N Dec. 784 (BIA 2024) - Where a State court order granting a respondent’s motion to vacate a conviction does not indicate the reason for the vacatur, and there is no other basis in the record to independently establish the reason...
Cyrus D. Mehta and Kaitlyn Box, Feb. 13, 2024 "On January 31, 2024, the Board of Immigration Appeals (BIA) issued a decision in Matter of Aguilar Hernandez . Mr. Aguilar Hernandez, a noncitizen from Mexico, had been served a Notice to Appear (NTA) in 2019...