LexisNexis® Legal Newsroom
CA3 on Standard of Review; Evidence: Dutton-Myrie v. Atty. Gen.

Dutton-Myrie v. Atty. Gen., Apr. 28, 2017 - "We agree with Dutton-Myrie that the question of whether likely government conduct equates to acquiescence is a mixed question of law and fact under our decision in Kaplun v. Att’y Gen., 602 F.3d 260 (3d. Cir. 2010). What this means is that the Board...

BIA on Persecutor Bar: Matter of Alvarado, 27 I&N Dec. 27 (BIA 2017)

Matter of Alvarado, 27 I&N Dec. 27 (BIA 2017) - The persecutor bar in section 241(b)(3)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1231(b)(3)(B)(i) (2012), applies to an alien who assists or otherwise participates in the persecution of an individual because of that person’s...

BIA on Bosnian War, Persecutor Bar, Evidence, Burden of Proof: Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017)

Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017) - Where the record contains some evidence from which a reasonable factfinder could conclude that one or more grounds for mandatory denial of an application for relief may apply, the alien bears the burden under 8 C.F.R. § 1240.8(d) (2016) to prove...

BIA on Family as Particular Social Group - Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017)

Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017) - (1) Whether a particular social group based on family membership is cognizable depends on the nature and degree of the relationships involved and how those relationships are regarded by the society in question. (2) To establish eligibility for asylum...

Unpub. BIA Material Support Remand Victory (May 18, 2017)

The BIA remanded to the IJ for fact-finding regarding whether respondent's one-time payment of $50 to Al-Shabaab to secure his release from kidnapping constituted "material" support. Hats off to Prof. R. Linus Chan of the Univ. of MN Law School's Detainee Rights Clinic , part of...

BIA on Receipt of Stolen Property - Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017)

Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017) - The aggravated felony receipt of stolen property provision in section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(G) (2012), does not require that unlawfully received property be obtained by means of common...

BIA on Certificates of Citizenship - Matter of Falodun, 27 I&N Dec. 52 (BIA 2017)

Matter of Falodun, 27 I&N Dec. 52 (BIA 2017) - (1) Unlike a Certificate of Naturalization, a certificate of citizenship does not confer United States citizenship but merely provides evidence that the applicant previously obtained citizenship status. (2) The institution of judicial proceedings to...

BIA Amicus Brief Invitation: Modified Categorical Approach & CIMTs

Amicus Invitation No. 17-06-12 AMICUS INVITATION (MODIFIED CATEGORICAL APPROACH & CIMTS) DUE [JULY 12, 2017] JUNE 12, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: (1) Is...

BIA on Receipt of Stolen Property - Matter of Deang, 27 I&N Dec. 57 (BIA 2017)

Matter of Deang, 27 I&N Dec. 57 (BIA 2017) - (1) An essential element of an aggravated felony receipt of stolen property offense under section 101(a)(43)(G) of the Act, 8 U.S.C. § 1101(a)(43)(G) (2012), is that an offender must receive property with the “knowledge or belief” that...

Unpub. BIA MTR Victory Based on Carachuri-Rosendo

Prof. Geoffrey A. Hoffman writes: "This case [ Matter of X-, June 12, 2017, unpub .] is significant because the respondent had been deported about 9 years ago unfairly as an alleged aggravated felon due to minor controlled substance convictions. Two years after his removal, in 2010, the Supreme...

Unpub. BIA CAT/Withholding Remand Victory; Mexico, Transgender (July 6, 2017)

Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "Our Cornell asylum/ CAT appeals clinic just won a BIA remand in a case involving a transgender person from Mexico. A summary of the case and a redacted version of the BIA’s July 6 decision are [ here...

BIA on Adam Walsh Act: Matter of Izaguirre, 27 I&N Dec. 67 (BIA 2017)

Matter of Izaguirre, 27 I&N Dec. 67 (BIA 2017) - An offense may be a “specified offense against a minor” within the meaning of section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, 592, even if it involved an undercover police officer...

CA1 on CIMT: Coelho v. Sessions

Coelho v. Sessions, July 24, 2017 - "This appeal presents the question of whether the Board of Immigration Appeals ("BIA") committed reversible error when it held that the Massachusetts crime of assault and battery with a dangerous weapon ("ABDW"), in violation of Mass. Gen....

Unpub. BIA on U Visa, 'Admission' - Matter of Garnica Silva

Matter of Garnica Silva, A098 269 615 (BIA June 29, 2017, unpublished) - "[A]n alien granted U nonimmigrant status through stateside processing has been "admitted" to the United States as a lawful temporary resident, even if he never made an "entry" within the meaning of section...

BIA on AOS, Termination of Asylee Status: Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)

Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017) (1) An alien who adjusts status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2012), changes his or her status from that of an alien granted asylum to that of an alien lawfully admitted for permanent residence...

Jeff Chase on Matter of N-A-I-

Jeffrey S. Chase, Aug. 10, 2017 - "In its recent precedent decision in Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017), the Board of Immigration Appeals held that when one who was granted asylum adjusts his or her status under section 209(b) of the I&N Act, their asylum status automatically...

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017) - Burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude, even though the statute does not require that a person be present at the time of the offense, provided that the dwelling is at...

BIA on 'Conviction,' Texas Pretrial Intervention: Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017)

Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017) - Entry into a pretrial intervention agreement under Texas law qualifies as a “conviction” for immigration purposes under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2012), where (1) a respondent...

BIA on Theft: Matter of Delgado, 27 I&N Dec. 100 (BIA 2017)

Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) - Robbery under section 211 of the California Penal Code, which includes the element of asportation of property, is categorically an aggravated felony theft offense under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101...

BIA on Material Misrepresentations: Matter of D-R-, 27 I&N Dec. 105 (BIA 2017)

Matter of D-R-, 27 I&N Dec. 105 (BIA 2017) (1) A misrepresentation is material under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2012), when it tends to shut off a line of inquiry that is relevant to the alien’s admissibility and that...

BIA on Proving Familial Relationships for Visa Petitions: Matter of Rehman, 21 I&N Dec. 124 (BIA 2017)

Matter of Rehman, 21 I&N Dec. 124 (BIA 2017) - Where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all the other evidence of record and the...

Unpub. BIA 2 CIMT Victory: Matter of Lopez Leal

Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory . "[W]e conclude that the 2013 conviction for simple assault is not categorically a CIMT and the DHS has not established removability based on two CIMTs. Therefore, termination was proper."

BIA on VAWA: Matter of Pangan-Sis, 27 I&N Dec. 130 (BIA 2017)

Matter of Pangan-Sis, 27 I&N Dec. 130 (BIA 2017) - An alien seeking to qualify for the exception to inadmissibility in section 212(a)(6)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(ii) (2012), must satisfy all three subclauses of that section, including the requirement...

BIA on 212(h) - Matter of Vella, 27 I&N Dec. 138 (BIA 2017)

Matter of Vella, 27 I&N Dec. 138 (BIA 2017) - An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2012), if he or she was...

BIA on CIMT: Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017)

Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017) - Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state. [Hats off...