LexisNexis® Legal Newsroom
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IRAC Releases June 2016 Update to Index of Unpublished BIA Decisions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& Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2016 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through June 9, 2016.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...

Unpublished BIA Remands: 1-Year Asylum Deadline - FOIA Results

Attorney Bryan Johnson writes: "Here is the link to full FOIA results of certain BIA remands: https://www.dropbox.com/sh/ii49w8ybsb31q67/AAABiGOuyufqOGTK23QI8BTCa?dl=0 https://www.dropbox.com/s/gqs5i872hocq5tm/2016-23184%20Admin%20%26%20BCR%20Redacted%20Final.pdf?dl=0 I've yet to...

Matter of Khan, 26 I&N Dec. 797 (BIA 2016)

Matter of Khan, 26 I&N Dec. 797 (BIA 2016) - Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii) (2012), by a petitioner for U nonimmigrant status...

CA8 on Burglary, Aggravated Felony - Xiong v. Lynch

Xiong v. Lynch, Sept. 8, 2016 - "In its motion to remand, the government argues that the Board should consider whether a second-degree burglary in Minnesota constitutes a generic “burglary” within the meaning of § 1101(a)(43)(G). We conclude that the suggestion of a remand is well...

BIA Clarifies Guzman-Polanco; Crime of Violence; Force; Use of Poison

DOJ, Sept. 9, 2016 - Matter of Guzman-Polanco, 26 I&N Dec. 806 (BIA 2016) - "The crime of aggravated battery in violation of the Puerto Rico Penal Code is not categorically a crime of violence under 18 U.S.C. § 16(a) (2012), but controlling circuit court law should be followed regarding...

BIA on Cal. P.C. Sec. 211 - Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016)

Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016) - (1) A “theft offense” under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 101(a)(43)(G) (2012), which requires the taking of property “without consent,” includes extortionate takings, in which consent...

BIA Amicus Invitation No. 16-09-19,“Wave Through” Entry

BIA, Sept. 19, 2016 - "AMICUS INVITATION (“Wave Through” Entry), DUE OCTOBER 19, 2016 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: (1) Whether a “wave through” entry...

BIA on CIMT, Criminal Copyright Infringement - Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016)

Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016) - The offense of criminal copyright infringement in violation of 17 U.S.C. § 506(a)(1)(A)(2012) and 18 U.S.C. § 2319(b)(1) (2012) is a crime involving moral turpitude.

BIA 'Clarifies' Chairez

Matter of CHAIREZ-Castrejon, 26 I&N Dec. 819 (BIA 2016) - The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76-10-508.1 of the Utah Code was not shown to be divisible with respect to the mens rea necessary for the offense to qualify...

Former BIA Chairman Paul W. Schmidt on His Career, the Board, and the Purge (Part I)

Jason Dzubow, Sept. 28, 2016 - "Paul Wickham Schmidt served as Chairman of the Board of Immigration Appeals (“BIA”) from 1995 to 2001. He was a Board Member of the BIA from 2001 to 2003, and served as an Immigration Judge in Arlington, Virginia from 2003 until his retirement earlier...

Unpub. BIA 212(c) Remand (Date of Conviction)

Mario R. Urizar writes: "We asked for a three panel member decision and oral argument to review INA 212(c) eligibility under Matter of Abdelghany as it applies to individuals with convictions after trial. Specifically, under the ineligibility language of IMMACT90, i.e., to "applicant[s] [who...