LexisNexis® Legal Newsroom
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...

BIA on 'Firearms Offense' - Matter of Flores-Abarca, 26 I&N Dec. 922 (BIA 2017)

Matter of Flores-Abarca, 26 I&N Dec. 922 (BIA 2017) - The crime of transporting a loaded firearm in violation of title 21, section 1289.13 of the Oklahoma Statutes is categorically a firearms offense under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C)...

BIA Amicus Brief Filed: Misprision of a Felony is Not a CIMT

AILA, NIJC, IDP, NACDL and the Univ. of Houston Law Center Immigration Clinic filed this amicus brief with the BIA on Mar. 8, 2017.

BIA on CIMT: Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)

Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017) - (1) A sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is particularly young — that is, under 14 years of age — or is under 16 and the age differential between...

BIA on CIMT: Matter of Wu, 27 I&N Dec. 8 (BIA 2017)

Matter of Wu, 27 I&N Dec. 8 (BIA 2017) - Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Ceron v. Holder, 747 F.3d 773 (9th Cir. 2014) (en banc), distinguished.

BIA on Administrative Closure: Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017)

Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017) - (1) The primary consideration for an Immigration Judge in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed and be resolved...

Unpub. BIA Cancellation Victory (Feb. 2, 2017)

Carrie Pastor Cardinale writes: "I am attaching a BIA opinion on a case in which the my client was detained because the IJ denied bail due to his mental illness. The IJ felt that the client's mental illness made him a security threat regardless of the fact that my client had no criminal convictions...

BIA on Divisibility, Mathis: Matter of Chairez-Castrejon, 27 I&N Dec. 21 (BIA 2017)

Matter of Chairez-Castrejon, 27 I&N Dec. 21 (BIA 2017) - In determining whether a statute is divisible under Mathis v. United States, 136 S. Ct. 2243 (2016), Immigration Judges may consider or “peek” at an alien’s conviction record only to discern whether statutory alternatives...

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...