LexisNexis® Legal Newsroom
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...

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

Jason Dzubow, The Asylumist, Oct. 5, 2016 - "And now, part 2 of my interview with Paul Wickham Schmidt (if you missed part 1, it is here ): ASYLUMIST: Your Chairmanship ended in April 2001, a few months into the George W. Bush Administration. What happened? PWS: John Ashcroft was President...

BIA on CIMTs - Silva-Trevino III - 26 I&N Dec. 826 (BIA 2016)

Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016) Headnotes: (1) The categorical and modified categorical approaches provide the proper framework for determining whether a conviction is for a crime involving moral turpitude. (2) Unless the controlling case law of the governing Federal court...

Saving Child Migrants While Saving Ourselves - Hon. Paul Wickham Schmidt (Ret.)

Paul Wickham Schmidt, Oct. 12, 2016 - "They cross deserts, rivers, and territories controlled by corrupt governments, violent gangs, and drug cartels. They pass through borders, foreign countries, different languages and dialects, and changing cultures. I meet them on the final leg of their trip...

Matter of Tima, 26 I&N Dec. 839 (BIA 2016)

Matter of Tima, 26 I&N Dec. 839 (BIA 2016) - A fraud waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012), cannot waive an alien’s removability under section 237(a)(2)(A)(i) for having been convicted of a crime involving moral turpitude...

Former BIA Members and IJs Blast Refugee Detention Regime

In a 4-page letter dated October 31, 2016 to DHS Secretary Jeh Johnson, twelve former BIA members and Immigration Judges made the case for due process for asylum applicants, and criticized the current detention regime.

Unpub. BIA Asylum Remand; El Salvador; Domestic Violence; One-Year Bar

Prof. Lindsay M. Harris writes : "I write to share a positive decision from the BIA for a mother from El Salvador fleeing domestic violence. It may be helpful on the one-year filing deadline and immigration court backlogs, particular social group, nexus, and "ability to leave." Here is...

BIA on CIMT, Arizona Shoplifting: Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016)

Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016) - (1) A theft offense is a crime involving moral turpitude if it involves a taking or exercise of control over another’s property without consent and with an intent to deprive the owner of his property either permanently or under circumstances...

BIA on CIMT, NY Petit Larceny: Matter of Obeya, 26 I&N Dec. 856 (BIA 2016)

Matter of Obeya, 26 I&N Dec. 856 (BIA 2016) - Petit larceny in violation of section 155.25 of the New York Penal Law, which requires an intent to deprive the owner of his property either permanently or under circumstances where the owner’s property rights are substantially eroded, is categorically...

Unpub. BIA Asylum Victory, 1-Year Filing Deadline

Matter of X-, June 14, 2016 - "[W]e conclude that the respondent filed her asylum application within a reasonable period of her seeking and receiving mental health services that treated her PTSD symptoms, specifically the avoidance that affected her ability to apply for asylum. Ultimately, we conclude...

BIA on Adjustment of Status: Matter of L-T-P-, 26 I&N Dec. 862 (BIA 2016)

Matter of L-T-P-, 26 I&N Dec. 862 (BIA 2016) - (1) An applicant for adjustment of status under section 209 of the Immigration and Nationality Act, 8 U.S.C. § 1159 (2012), must be either a refugee or an asylee. (2) Cubans who were paroled into the United States under section 212(d)(5) of the...

BIA on Frivolous Asylum Claim: Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016)

Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016) - (1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of...

BIA on Faulty Service: Matter of W-A-F-C-, 26 I&N Dec. 880 (BIA 2016)

Matter of W-A-F-C- , 26 I&N Dec. 880 (BIA 2016) - Where the Department of Homeland Security seeks to re-serve a respondent to effect proper service of a notice to appear that was defective under the regulatory requirements for serving minors under the age of 14, a continuance should be granted for...

BIA on Perjury: Matter of Alvarado, 26 I&N Dec. 895 (BIA 2016)

Matter of Alvarado, 26 I&N Dec. 895 (BIA 2016) - (1) The generic definition of “perjury” in section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), requires that an offender make a material false statement knowingly or willfully while under...

BIA Amicus Invitation - Misprision of a Felony

EOIR, Jan. 5, 2017 - "Amicus Invitation No. 17-01-05 AMICUS INVITATION (MISPRISION OF A FELONY) DUE FEBRUARY 6, 2017 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 offense...

BIA Amicus Invitation - Material Support Bar

EOIR, Jan. 9, 2017 - "Amicus Invitation No. 17-01-09 AMICUS INVITATION (MATERIAL SUPPORT BAR), DUE FEBRUARY 8, 2017 JANUARY 9, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUES PRESENTED: ...

BIA Amicus Invitation - Marriage Fraud in Visa Petitions

EOIR, Jan. 12, 2017 - "Amicus Invitation No. 17-01-12 AMICUS INVITATION (MARRIAGE FRAUD IN VISA PETITIONS), DUE FEBRUARY 13, 2017 JANUARY 12, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUES...

BIA on Definition of 'Conviction' for Adam Walsh Act Purposes: Matter of Calcano de Millan, 26 I&N Dec. 904 (BIA 2017)

Matter of Calcano de Millan, 26 I&N Dec. 904 (BIA 2017) - For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States...

BIA Amicus Invitation No. 17-01-26 - ATTEMPT TO TRANSPORT A NARCOTIC DRUG FOR SALE

BIA, Jan. 26, 2017 - "Amicus Invitation No. 17-01-26 AMICUS INVITATION (ATTEMPT TO TRANSPORT A NARCOTIC DRUG FOR SALE), DUE FEBRUARY 27, 2017 JANUARY 26, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue...

BIA on Mayhem: Matter of Kim, 26 I&N Dec. 912 (BIA 2017)

Matter of Kim, 26 I&N Dec. 912 (BIA 2017) - The crime of mayhem in violation of section 203 of the California Penal Code, which requires a malicious act that results in great bodily injury to another person, necessarily involves the use of violent force and is therefore categorically a crime of violence...

BIA Amicus Invitation - Protected Class of Victims (Due Mar. 6, 2017)

BIA, Feb. 2, 2017 - "Amicus Invitation No. 17-02-02 AMICUS INVITATION (PROTECTED CLASS OF VICTIMS), DUE MARCH 6, 2017 FEBRUARY 2, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED:...

Unpub. BIA Waiver Victory: Matter of M-S- (Feb. 9, 2017)

Matthew L. Hoppock writes: "This is a case where our client had an old conviction that was an Aggravated Felony and a crime involving moral turpitude, but was waivable under INA 212(c). He also a conviction that was too recent to be waived under INA 212(c). The DHS charged him with removability...