LexisNexis® Legal Newsroom
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Unpublished BIA Remands: 1-Year Asylum Deadline - FOIA Results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...

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...