LexisNexis® Legal Newsroom
Unpub. BIA Asylum Remand Insists IJ Follow the Law (Nov. 6, 2017)

Humza Kazmi writes: "Our client brought an asylum claim, through another attorney. The Immigration Judge found that our client was credible, but hadn't provided sufficient corroborative evidence for part of his claim (membership in a particular organization). The attorney told the IJ that there...

The BIA's Withdrawn Amicus Invitation - Jeffrey S. Chase

Jeffrey S. Chase, Nov. 16, 2017 - "The BIA recently withdrew as moot its invitation for amicus briefs on the following issue: whether an applicant who filed a late application for asylum based on two separate grounds (i.e. religion and coercive population control), and who demonstrated changed conditions...

BIA on Violation of Protective Order: Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017)

Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017) - Whether a violation of a protection order renders an alien removable under section 237(a)(2)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(ii) (2012), is not governed by the categorical approach, even if a conviction...

Unpub. BIA Cancellation Victory; Unfounded 'Gang Member' Allegation

Matter of X-, Nov. 15, 2017, unpub . [Hats off to James G. Martin !]

Jeffrey S. Chase: Honor Killings and Particular Social Group

Jeffrey S. Chase, Dec. 2, 2017 - "The threat of honor killing may form the basis of an asylum claim. While men may be targeted as well,1 honor killings are a gender-based form of persecution, as the underlying basis is the view in certain societies that a woman’s failure to strictly adhere...

Unpub. BIA Remand; Westernized Somali; Al-Shabaab (Dec. 5, 2017)

Kim Hunter writes: "Respondent, a Somali national, moved for reopening of his 2003 removal order, arguing that: 1) he was eligible for asylum, withholding, and CAT due to changed country conditions; 2) he was eligible for readjustment of status through a qualifying immediate relative; 3) his underlying...

Unpub. BIA CIMT Termination Victory (Dec. 6, 2017)

"On de novo review, we are not persuaded by the DHS's appellate arguments to disturb the Immigration Judge's decision to terminate these removal proceedings. We agree with the Immigration Judge's conclusion, as set forth in his well-reasoned decision, that applying the precedent decisions...

Unpub. BIA Nicaraguan CAT Victory (Dec. 1, 2017)

"The applicant, a native and citizen of Nicaragua, appeals from an Immigration Judge's decision, dated June 8, 2017, denying his application for deferral of removal under the Convention Against Torture (Convention), 8 C.F.R. § 1208.17. The Department of Homeland Security (DHS) has not responded...

BIA on Res Judicata, Burglary: Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017)

Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017) - (1) The Department of Homeland Security is not precluded by res judicata from initiating a separate proceeding to remove an alien as one convicted of an aggravated felony burglary offense under section 101(a)(43)(G) of the Immigration and Nationality...

CA9 on Competence Evaluations: Calderon v. Sessions

Calderon v. Sessions, Jan. 3, 2018 - Court Staff Summary: "The panel granted Henri Calderon-Rodriguez’s petition for review of the Board of Immigration Appeals’ decision, concluding that the Board in two related ways abused its discretion in affirming the IJ’s competence evaluation...

Unpub. BIA Bond Remand Victory (Dec. 29, 2017)

Ben Winograd writes: "I'm very pleased to share this recent Board decision from a case I litigated with Mac Nayeri. The question at issue was whether respondents in the Ninth Circuit who are subject to prolonged detention while in withholding-only proceedings are eligible for a bond hearing...

UPDATED - Sessions Refers Administrative Closure Question to Himself: Matter of Castro Tum, 27 I&N Dec. 187 (A.G. 2018)

[ UPDATE : Here is a link to the underlying unpublished BIA decision dated Nov. 27, 2017 .] Matter of Castro Tum, 27 I&N Dec. 187 (A.G. 2018) - The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to the authority to administratively...

Unpub. BIA CIMT Termination Victory; Mens Rea, Divisibililty - TEX. CODE CRIM. PROC. § 62.102

Matter of X-, Jan. 5, 2018, unpub. - "[W]e conclude that the respondent's conviction for Failure to Comply with Registration Requirements does not constitute a conviction for a crime involving moral turpitude. ... Given the mental state which is simply "read into" the statute, the...

Unpub. BIA Guatemalan Asylum Victory (Dec. 27, 2017)

Camiel Becker writes: " I am writing to share a recent BIA win by Becker & Lee LLP attorney Melissa Phatharanavik . The case involves a Guatemalan man who was granted withholding of removal due to police corruption in Guatemala. An Immigration Judge in San Francisco granted withholding but denied...

Unpub. BIA Equitable Tolling Victory: Matter of Lugo-Resendez (Dec. 27, 2017)

Jodi Goodwin writes: "Thought you all would be interested in the attached unpublished BIA decision in which the Board (Pauley) follows the Fifth's decision in Lugo-Resendez. [ Lugo-Resendez v. Lynch , 831 F.3d 337 (5th Cir. 2016)] As background, the case was remanded to the IJ for the initial...

BIA on Procedure, Relief: Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018)

Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018) (1) An applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed particular social group. ...

IRAC Releases 2018 Edition of Index of Unpublished BIA Decisions

IRAC, Jan. 25, 2018 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the 2018 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index now contains links to more than 2,000 unpublished BIA decisions selected for their potential to assist...

BIA on 'Waved Through,' 'Admitted in Any Status' - Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018)

Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018) - (1) In removal proceedings arising within the jurisdiction of the United States Courts of Appeals for the Fifth and Ninth Circuits, an alien who was “waved through” a port of entry has established an admission “in any status”...

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...