LexisNexis® Legal Newsroom
Jeff Chase on Matter of N-A-I-

Jeffrey S. Chase, Aug. 10, 2017 - "In its recent precedent decision in Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017), the Board of Immigration Appeals held that when one who was granted asylum adjusts his or her status under section 209(b) of the I&N Act, their asylum status automatically...

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017) - Burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude, even though the statute does not require that a person be present at the time of the offense, provided that the dwelling is at...

BIA on 'Conviction,' Texas Pretrial Intervention: Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017)

Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017) - Entry into a pretrial intervention agreement under Texas law qualifies as a “conviction” for immigration purposes under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2012), where (1) a respondent...

BIA on Theft: Matter of Delgado, 27 I&N Dec. 100 (BIA 2017)

Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) - Robbery under section 211 of the California Penal Code, which includes the element of asportation of property, is categorically an aggravated felony theft offense under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101...

BIA on Material Misrepresentations: Matter of D-R-, 27 I&N Dec. 105 (BIA 2017)

Matter of D-R-, 27 I&N Dec. 105 (BIA 2017) (1) A misrepresentation is material under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2012), when it tends to shut off a line of inquiry that is relevant to the alien’s admissibility and that...

BIA on Proving Familial Relationships for Visa Petitions: Matter of Rehman, 21 I&N Dec. 124 (BIA 2017)

Matter of Rehman, 21 I&N Dec. 124 (BIA 2017) - Where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all the other evidence of record and the...

Unpub. BIA 2 CIMT Victory: Matter of Lopez Leal

Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory . "[W]e conclude that the 2013 conviction for simple assault is not categorically a CIMT and the DHS has not established removability based on two CIMTs. Therefore, termination was proper."

BIA on VAWA: Matter of Pangan-Sis, 27 I&N Dec. 130 (BIA 2017)

Matter of Pangan-Sis, 27 I&N Dec. 130 (BIA 2017) - An alien seeking to qualify for the exception to inadmissibility in section 212(a)(6)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(ii) (2012), must satisfy all three subclauses of that section, including the requirement...

BIA on 212(h) - Matter of Vella, 27 I&N Dec. 138 (BIA 2017)

Matter of Vella, 27 I&N Dec. 138 (BIA 2017) - An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2012), if he or she was...

BIA on CIMT: Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017)

Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017) - Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state. [Hats off...

BIA on Rape - Matter of Keeley, 27 I&N Dec. 146 (BIA 2017)

Matter of Keeley, 27 I&N Dec. 146 (BIA 2017) (1) The term “rape” in section 101(a)(43)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(A) (2012), encompasses an act of vaginal, anal, or oral intercourse, or digital or mechanical penetration, no matter how slight...

BIA on IJ Authority to Terminate: Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)

Matter of Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017) - An Immigration Judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to the Department of Homeland Security in the first instance.

Unpub. BIA CIMT Victory re 18 USC 491, Mens Rea, 'Reason to Believe' - (Oct. 30, 2017)

David Isaacson writes: "[Here is] a recent unpublished BIA decision I thought your readers might find interesting, in which the BIA held that our client’s 1999 conviction under 18 USC 491, Tokens or Paper Used as Money, did not render him inadmissible as a returning Lawful Permanent Resident...

Unpub. BIA Asylum Victory, Somalia: Matter of K-D-H- (Oct. 5, 2017)

Matter of K-D-H- (Oct. 5, 2017, unpub.) Please read the attached IJ decision. No surprise to those of us in the trenches, but perhaps a wake-up call to those who think the asylum system is easy. Hats off to Marty Rosenbluth !

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...