LexisNexis® Legal Newsroom
Unpub. BIA Withholding Victory (Jan. 26, 2018)

Prof. Linus Chan writes: "The case involved a person who was granted withholding a number of years back and who left to go to Canada in order to see if he can get asylum and sponsor his family to join him. When his Canadian efforts were unsuccessful he came back to the US, was caught and put into...

BIA: No Bond for DUI Arrest - Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018)

Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018) (1) In deciding whether to set a bond, an Immigration Judge should consider the nature and circumstances of the alien’s criminal activity, including any arrests and convictions, to determine if the alien is a danger to the community, but family...

Unpub. BIA Pardon Remand Victory, Alabama (Jan. 29, 2018)

Matter of X-, Jan. 29, 2018, unpub . - "The Board entered the final administrative decision on July 19, 2017, dismissing the lawful permanent resident respondent's appeal of the Immigration Judge's decision pretermitting his cancellation of removal application and ordering him removed to...

BIA Amicus Invitation - Removability and Aggravated Felony Definitions (Due Mar. 16, 2018)

Amicus Invitation No. 18-02-14 AMICUS INVITATION (REMOVABILITY & AGGRAVATED FELONY DEFINITIONS), DUE March 16, 2018 FEBRUARY 14, 2018 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUES PRESENTED...

Matter of Castro-Tum (Administrative Closure) BIA Amicus Briefs

1. Here's the "Gang of 14" brief from former IJs and retired BIA Board members, about which Paul W. Schmidt writes: "Thanks again to all my retired colleagues. What a great opportunity to “reunite online” in support of a critically important cause affecting the American...

Unpub. BIA Victory re Ineffective Assistance, Equitable Tolling (Feb. 12, 2018)

CLINIC Training and Legal Support Senior Attorney Michelle N. Mendez writes: "The ASAP team of Swapna Reddy, Dorothy Tegeler, and Liz Willis has done it again. With just a few days before her check-in with Atlanta ICE ERO, a mother reached out to us via our Facebook group. Taylor, Lee & Associates...

BIA on Credibility, Border & Airport Interviews: Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018)

Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018) - When deciding whether to consider a border or airport interview in making a credibility determination, an Immigration Judge should assess the accuracy and reliability of the interview based on the totality of the circumstances, rather than relying...

BIA on CIMT: Matter of Mendez, 27 I&N Dec. 219 (BIA 2018)

Matter of Mendez, 27 I&N Dec. 219 (BIA 2018) - Misprision of felony in violation of 18 U.S.C. § 4 (2006) is categorically a crime involving moral turpitude. Matter of Robles, 24 I&N Dec. 22 (BIA 2006), reaffirmed. Robles-Urrea v. Holder, 678 F.3d 702 (9th Cir. 2012), followed in jurisdiction...

BIA to Expand to 21 Members: DOJ Final Rule

Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 - "This final rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the organization of the Board of Immigration Appeals (Board) by adding four additional Board member positions, thereby expanding the...

BIA Amicus Invitation - Conviction for Possession of Controlled Substance, Florida (Due Mar. 29, 2018)

BIA, Feb. 27, 2018 - "Amicus Invitation No. 18-02-27 AMICUS INVITATION (CONVICTION FOR POSESSION OF A CONTROLLED SUBSTANCE IN FLORIDA), DUE March 29, 2018 FEBRUARY 27, 2018 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing...

Matter of J-C-H-F-: An Interesting Omission - Jeffrey S. Chase

Jeffrey S. Chase, Mar. 2, 2018 - "In its decisions involving claims for protection under Article III of the U.N. Convention Against Torture, the BIA defines “government acquiescence” to include “willful blindness” by government officials. In its recent...

14 Former IJs and BIA Members File Amicus Brief with AG - Jeffrey S. Chase

Jeffrey S. Chase, Mar. 4, 2018 - "On February 16, the law firm of Akin Gump Strauss Hauer & Feld LLP filed an amicus curiae (i.e. “friend of the court”) brief on behalf of 14 former immigration judges and BIA board members with Attorney General Jeff Sessions pursuant to his request...

Unpub. BIA Remand: Evidence, Fact-Finding, Testimony (Feb. 7, 2018)

Matter of X-, Feb. 7, 2018, unpublished - "[W]e agree with the respondent's contention that in denying his motion to reopen, the Immigration Judge erroneously denied him the opportunity to testify regarding the amount of monetary loss involved in his crime. ... we will remand the record for...

A.G. Vacates Matter of E-F-H-L-

27 I&N Dec. 226 (A.G. 2018) Interim Decision #3917 Matter of E-F-H-L-, Respondent Decided by Attorney General March 5, 2018 Pursuant to 8 C.F.R. § 1003.l(h)(l)(i) (2017), I direct the Board of Immigration Appeals (“Board”) to refer to me its decision in Matter of E-F-H-L-, 26...

What Does Sessions' E-F-H-L- Order Mean?

Paul W. Schmidt, Mar. 6, 2018 - SESSIONS “GOES DEEP” TO UNDERMINE DUE PROCESS! — Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018)! "Here is the AG decision: E-F-H-L-AG And here’s the original BIA precedent he vacated: E-F-H-L-2014 **********************...

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018)

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018) - The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to whether being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes...

FOIA Reveals "Wave Through" BIA Oral Argument Transcript, Amicus Briefs

Hats off to Matthew Hoppock excellent FOIA work on Amicus Invitation No. 16-09-19 Transcript of 3-22-17 oral argument: http://docufreedom.com/wp-content/uploads/2018/03/Castillo-Angulo-Transcript.pdf Amicus briefs: http://docufreedom.com/wp-content/uploads/2018/03/Castillo-Angulo-AIC-AILA-amicus...

BIA on Categorical Approach, Divisibility: Matter of Rosa, 27 I&N Dec. 228 (BIA 2018)

Matter of Rosa, 27 I&N Dec. 228 (BIA 2018) (1) In deciding whether a State offense is punishable as a felony under the Federal Controlled Substances Act and is therefore an aggravated felony drug trafficking crime under section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. §...

Unpub. BIA CIMT Victory: Matter of K-K-R- (Mar. 9, 2018)

Matter of K-K-R- (Mar. 9, 2018, unpub.) - "The only issue on appeal is whether Minn. Stat. § 609.713, subd. 1, is a CIMT. We agree with the Immigration Judge that Avendano v. Holder is not dispositive. The Immigration Judge correctly observed that the majority in Avendano v. Holder ''...

BIA on Attempted Voluntary Manslaughter: Matter of Cervantes, 27 I&N Dec. 238 (BIA 2018)

Matter of Cervantes, 27 I&N Dec. 238 (BIA 2018) - The crime of attempted voluntary manslaughter in violation of sections 192(a) and 664 of the California Penal Code, which requires that a defendant act with the specific intent to cause the death of another person, is categorically an aggravated felony...

CA4 Vacates Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)

Jimenez-Cedillo v. Sessions - "Pedro Josue Jimenez-Cedillo, a native and citizen of Mexico, was ordered removed from the United States after the Board of Immigration Appeals determined that sexual solicitation of a minor in Maryland, to which Jimenez-Cedillo pled guilty, is a crime involving moral...

Jeffrey S. Chase - The AG's Certifying of BIA Decisions (Mar. 29, 2018)

Jeffrey S. Chase, Mar. 29, 2018 - "The recent flurry of case certifications by Attorney General Jeff Sessions (he has certified four BIA decisions to himself since January) raises the question of the continued appropriateness of the practice. Certification allows a political appointee who heads...

New Developments in Matter of A-B, 27 I&N Dec. 247 (A.G. 2018)

A.G., Mar. 30, 2018 - The Attorney General denied the request of the Department of Homeland Security that the Attorney General suspend the briefing schedules and clarify the question presented, and he granted, in part, both parties’ request for an extension of the deadline for submitting briefs...

BIA Takes Pickering Nationwide: Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018)

Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018) - The Board of Immigration Appeals’ holding in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003), rev’d on other grounds, Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006), regarding the validity of vacated convictions for immigration...

CA9 Vacates Matter of Matter of G-G-S-, 26 I. & N. Dec. 339 (BIA 2014) - Gomez-Sanchez v. Sessions

Gomez-Sanchez v. Sessions - "Guillermo Gomez-Sanchez, a native and citizen of Mexico, petitions for review of the published decision by the Board of Immigration Appeals (“BIA” or “the Board”) affirming the Immigration Judge’s (“IJ”) finding that Gomez-Sanchez...