Unpub. BIA Stop-Time Remand Victory: Matter of Mendoza-Olivas

Unpub. BIA Stop-Time Remand Victory: Matter of Mendoza-Olivas

Steve Spurgin writes: "[Linked here is an unpub.] BIA decision in which the Board said that an admission of a stop time crime that was vacated on Padilla grounds in a removal proceeding for a LPR does not stop time unless the respondent is warned in advance about the elements of the offense, citing a 1957 precedent.  I think that Board Member Cole was correct in her concurrence, that the 1957 decision is not applicable when the conviction was vacated and the respondent would not be removable on that basis.  In any event, I will take a remand any day." - Matter of Mendoza-Olivas, A044-547-316, Feb. 26, 2014, unpub.

Spurgin Law Group
204 South Highland Avenue
Post Office Drawer 1471
Marfa, Texas 79843
T: 432.729.3731
F: 432.729.3730

El Paso Office
8300 Montana Avenue
El Paso, Texas 79925
T: 915.779.2800
F: 915.779.2801
E: steve@spurginlaw.com