LexisNexis® Legal Newsroom
Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad

IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability that the statute would apply to the distribution...

News Excerpts From the March 15, 2016, Bender’s Immigration Bulletin

Attorney General Appoints Three New BIA Members | On February 26, 2016, Attorney General Loretta Lynch appointed three new members to the Board of Immigration Appeals. Two of the new Board members—Molly Kendall Clark and Ellen Liebowitz—previously served as senior legal advisors to the...

Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016)

Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016) - An “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(Q) (2012), if the underlying offense...

BIA Amicus Invitation; U Nonimmigrant Status - Due April 18, 2016

Amicus Invitation No. 16-03-1, posted Mar. 17, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUES PRESENTED: 1) Does the present respondent remain in valid U nonimmigrant status at this time? ...

BIA on Sibling-to-Sibling DNA Testing: Matter of Ruzku, 26 I&N Dec. 731 (BIA 2016)

Matter of Ruzku, 26 I&N Dec. 731 (BIA 2016) - Direct sibling-to-sibling DNA test results reflecting a 99.5 percent degree of certainty or higher that a full sibling biological relationship exists should be accepted and considered to be probative evidence of the relationship.

Unpub. BIA Asylum Victory: Honduras, Domestic Violence, Social Group

Christina Brown writes, "[Here is an] unpublished BIA decision granting asylum on an A-R-C-G- claim for an unmarried woman in a short term relationship. If you need any additional information, including facts about the case, please do not hesitate to contact me." The Law Office of Christina...

Unpub. BIA Asylum Remand: Social Group; Nexus; Mexico

Matter of X-, Apr. 18, 2016, unpub . - "[A]nalysis is also required as to the issues of particular social group cognizability and nexus. The proposed social group in this case is "working class, single women in Michoacan." ... we conclude 'that a remand is warranted for further proceedings...

News Excerpts From the May 15, 2016, Bender’s Immigration Bulletin

USCIS Finishes Data Entry for Cap-Subject H-1B FY17 Applications | USCIS announced on May 2 that it has finished data entry for cap-subject H-1B petitions. It will begin returning those not chosen in the lottery. Some petitions are being transferred from the Vermont Service Center to the California...

BIA on CIMT, Solicitation - Matter of Gonzalez Romo, 26 I&N Dec. 743 (BIA 2016)

Matter of Gonzalez Romo, 26 I&N Dec. 743 (BIA 2016) - Within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, a returning lawful permanent resident who has a felony conviction for solicitation to possess marijuana for sale is inadmissible under section 212(a)(2)(A)(i...

BIA on Circumstance-Specific Approach, Sentencing: Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016)

Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016) - "Considering the totality of the evidence, we agree with the Immigration Judge that the DHS has established the domestic nature of the respondent’s offense by clear and convincing evidence and that the respondent is therefore removable...

Cornell Asylum Clinic Wins BIA Remand for Somali (unpub., May 25, 2016)

Stephen W. Yale-Loehr, Professor of Immigration Law Practice, Cornell Law School , and Co-Author, Immigration Law & Procedure Treatise , writes: "My colleague Estelle McKee and two students (Jamie Long and Melvin Wu) just won a remand from the BIA in an appeal by a Somali (Mr. D-) who had suffered...

BIA: No Implied Duress Exemption to Material Support Bar - Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016)

Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016) - The “material support bar” in section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(3)(B)(iv)(VI) (2012), does not include an implied exception for an alien who has provided material support to a terrorist...

BIA Amicus Brief Invitation: Definition of Minor for 1-Year Bar

Amicus Invitation No. 16-06-09 AMICUS INVITATION (DEFINITION OF MINOR FOR 1-YEAR BAR), DUE JULY 11, 2016 JUNE 9, 2016 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues: ISSUES PRESENTED: 1) An asylum application...

CA11 on Theft, Fraud, Consent...and Inconsistent BIA Rulings: Vassell v. U.S. Atty. Gen.

Vassell v. U.S. Attorney General, June 13, 2016 - "The Board of Immigration Appeals (BIA) ruled that Winsome Vassell is deportable because she pleaded guilty to “theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell has filed a petition for review saying that this...

BIA Amicus Brief Invitation: Commitment to Mental Health Facility (Due July 21, 2016)

BIA, June 21, 2016 - "Amicus Invitation No. 16-06-21 AMICUS INVITATION (COMMITMENT TO MENTAL HEALTH FACILITY), DUE JULY 21, 2016 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues: ISSUES PRESENTED: 1) Is...

IRAC Releases June 2016 Update to Index of Unpublished BIA Decisions

IRAC, June 22, 2016 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2016 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through June 9, 2016. Among other newly added cases, the Index now contains...

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...

BIA on Good Moral Character: Matter of Gomez-Beltran

Matter of Gomez-Beltran, 26 I&N Dec. 765 (BIA 2016) - "An alien cannot establish good moral character under section 101(f)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1101(f)(6) (2012), if, during the period for which it is required, he or she gives false testimony under oath...

BIA on Mental Competency: Matter of M-J-K, 26 I&N Dec. 773 (BIA 2016)

Matter of M-J-K, 26 I&N Dec. 773 (BIA 2016) - "In cases involving issues of mental competency, an Immigration Judge has the discretion to select and implement appropriate safeguards, which the Board of Immigration Appeals reviews de novo."

Unpublished BIA Victory in Religious Persecution Case - Benin

Cornell Law Prof. Steve Yale-Loehr writes: "Krsna Avila and Yanet Cordero, two of our students in the Cornell asylum appeals clinic, just won a remand from the BIA in a case involving religious persecution in Benin. The case involved a man who converted from Voudon (also known as Voodoo) to Christianity...

USCIS Grants Green Card 41-Years Later, Finally Recognizes 1975 Same-Sex Marriage

Sveta Apodaca, June 9, 2016 - "In a series of recent decisions, the Board of Immigration Appeals (BIA) and the U.S. Citizenship and Immigration Services (USCIS) have recognized as valid the April 21, 1975 marriage of two gay men, Richard Adams and Anthony Sullivan, leading to the agency’s...

BIA Slaps IJ for Disobedience in 212(c) Remand: Matter of X- (unpub.)

Matter of X-, July 1, 2016, unpub. - "This matter was last before the Board on July 20, 2015, when we reversed the decision of the Immigration Judge denying the respondent's application for a waiver of inadmissibility under section 212(c) of the Immigration Act, 8 U,S.C. § 1182(c), in the...

BIA on False Claims: Matter of Richmond, 26 I&N Dec. 779 (BIA 2016)

Matter of Richmond, 26 I&N Dec. 779 (BIA 2016) - (1) A false claim to United States citizenship falls within the scope of section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii)(I) (2012), where there is direct or circumstantial evidence that the false...

BIA on Bond, Evidence of Dangerousness: Matter of Fatahi, 26 I&N Dec. 791 (BIA 2016)

Matter of Fatahi, 26 I&N Dec. 791 (BIA 2016) - In determining whether an alien presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an Immigration Judge should consider both direct and circumstantial evidence of dangerousness, including...

BIA Amicus Brief Invitation: Duress Exception to Persecutor Bar (Due Sept. 7, 2016)

BIA, Aug. 8, 2016 - "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issues: ISSUES PRESENTED: 1) Whether an involuntariness or duress exception exists to limit the application of the persecutor bar in sections 208...