LexisNexis® Legal Newsroom
BIA on Aggravated Felony, Conviction, Recidivist Enhancement: Matter of Cuellar-Gomez

Matter of Cuellar-Gomez, ID 3760, 25 I&N Dec. 850 (BIA 2012) - (1) A formal judgment of guilt of an alien entered by a municipal court is a “conviction” under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2006), if the proceedings in which...

Unpub. BIA Agg. Fel. Remand: Matter of Lucio Chavez

"[T]he respondent expressed an intention to apply for a waiver under former section 212(c) of.the Act, 8 U.S.C. § I I 82(c) (1988), but in a very brief decision the Immigration Judge found him ineligible for such relief on the ground that his 2011 conviction for assault on a public servant...

Matter of Oppedisano, 26 I&N Dec. 202 (BIA 2013)

Matter of Oppedisano, 26 I&N Dec. 202 (BIA 2013) - The offense of unlawful possession of ammunition by a convicted felon in violation of 18 U.S.C. § 922(g) (2006) is an aggravated felony under section 101(a)(43)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(E)(ii...

Matter of Chavez-Alvarez, Int. Dec. No. 3797, 26 I&N Dec. 274 (BIA 2014)

Matter of Chavez-Alvarez , Int. Dec. No. 3797, 26 I&N Dec. 274 (BIA 2014) (1) Adjustment of status constitutes an “admission” for purposes of determining an alien’s removability under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2...

Unpub. BIA on Tenn. Burglary: Matter of Lloyd

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding aggravated burglary under Tenn. Code Ann. 39-14-403 is not an aggravated felony under INA 101(a)(43)(G). The Board noted that burglary under Tennessee law is broader than...

Matter of CHAIREZ-Castrejon, 26 I&N Dec. 349 (BIA 2014)(Lanferman withdrawn)

Official headnotes, emphasis added: (1) The categorical approach, which requires a focus on the minimum conduct that has a realistic probability of being prosecuted under the statute of conviction, is employed to determine whether the respondent’s conviction for felony discharge of a firearm...

Unpub. BIA Agg. Fel. Victory: Wash. Rev. Code §§ 9A.28.020(1), 9A.44.089(1)

"The Department of Homeland Security ("DHS') has charged the respondent with removability from the United States as an alien convicted of an "aggravated felony" and a "crime of child abuse." See sections 237(a)(2)(A)(iii) aod 237(a)(2)(E)(i) of the Immigration and Nationality...

Unpub. BIA Categorical Approach Victory: Matter of Calderon

"Upon de novo review, we conclude that a conviction under 18 PA. CONS. STAT. § 6312(d) does not qualify categorically as a conviction for an aggravated felony under section 101 (a)(43)(1) of the Act, such that it would render the respondent removable under section 237(a)(2)(A)(iii) of the Act...

Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart

"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with the consent of the owner, and that the...

Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision affirming a grant of relief . The Respondent...

BIA on Term of Confinement: Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015)

Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015) - A term of confinement in a substance abuse treatment facility imposed as a condition of probation pursuant to article 42.12, section 14(a) of the Texas Code of Criminal Procedure constitutes a “term of confinement” under section...

Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad

IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability that the statute would apply to the distribution...

Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016)

Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016) - An “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(Q) (2012), if the underlying offense...

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 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...