LexisNexis® Legal Newsroom
Matter of J-C-H-F-: An Interesting Omission - Jeffrey S. Chase

Jeffrey S. Chase, Mar. 2, 2018 - "In its decisions involving claims for protection under Article III of the U.N. Convention Against Torture, the BIA defines “government acquiescence” to include “willful blindness” by government officials. In its recent...

14 Former IJs and BIA Members File Amicus Brief with AG - Jeffrey S. Chase

Jeffrey S. Chase, Mar. 4, 2018 - "On February 16, the law firm of Akin Gump Strauss Hauer & Feld LLP filed an amicus curiae (i.e. “friend of the court”) brief on behalf of 14 former immigration judges and BIA board members with Attorney General Jeff Sessions pursuant to his request...

Unpub. BIA Remand: Evidence, Fact-Finding, Testimony (Feb. 7, 2018)

Matter of X-, Feb. 7, 2018, unpublished - "[W]e agree with the respondent's contention that in denying his motion to reopen, the Immigration Judge erroneously denied him the opportunity to testify regarding the amount of monetary loss involved in his crime. ... we will remand the record for...

A.G. Vacates Matter of E-F-H-L-

27 I&N Dec. 226 (A.G. 2018) Interim Decision #3917 Matter of E-F-H-L-, Respondent Decided by Attorney General March 5, 2018 Pursuant to 8 C.F.R. § 1003.l(h)(l)(i) (2017), I direct the Board of Immigration Appeals (“Board”) to refer to me its decision in Matter of E-F-H-L-, 26...

What Does Sessions' E-F-H-L- Order Mean?

Paul W. Schmidt, Mar. 6, 2018 - SESSIONS “GOES DEEP” TO UNDERMINE DUE PROCESS! — Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018)! "Here is the AG decision: E-F-H-L-AG And here’s the original BIA precedent he vacated: E-F-H-L-2014 **********************...

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018)

Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018) - The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to whether being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes...

FOIA Reveals "Wave Through" BIA Oral Argument Transcript, Amicus Briefs

Hats off to Matthew Hoppock excellent FOIA work on Amicus Invitation No. 16-09-19 Transcript of 3-22-17 oral argument: http://docufreedom.com/wp-content/uploads/2018/03/Castillo-Angulo-Transcript.pdf Amicus briefs: http://docufreedom.com/wp-content/uploads/2018/03/Castillo-Angulo-AIC-AILA-amicus...

BIA on Categorical Approach, Divisibility: Matter of Rosa, 27 I&N Dec. 228 (BIA 2018)

Matter of Rosa, 27 I&N Dec. 228 (BIA 2018) (1) In deciding whether a State offense is punishable as a felony under the Federal Controlled Substances Act and is therefore an aggravated felony drug trafficking crime under section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. §...

Unpub. BIA CIMT Victory: Matter of K-K-R- (Mar. 9, 2018)

Matter of K-K-R- (Mar. 9, 2018, unpub.) - "The only issue on appeal is whether Minn. Stat. § 609.713, subd. 1, is a CIMT. We agree with the Immigration Judge that Avendano v. Holder is not dispositive. The Immigration Judge correctly observed that the majority in Avendano v. Holder ''...

BIA on Attempted Voluntary Manslaughter: Matter of Cervantes, 27 I&N Dec. 238 (BIA 2018)

Matter of Cervantes, 27 I&N Dec. 238 (BIA 2018) - The crime of attempted voluntary manslaughter in violation of sections 192(a) and 664 of the California Penal Code, which requires that a defendant act with the specific intent to cause the death of another person, is categorically an aggravated felony...

CA4 Vacates Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)

Jimenez-Cedillo v. Sessions - "Pedro Josue Jimenez-Cedillo, a native and citizen of Mexico, was ordered removed from the United States after the Board of Immigration Appeals determined that sexual solicitation of a minor in Maryland, to which Jimenez-Cedillo pled guilty, is a crime involving moral...

Jeffrey S. Chase - The AG's Certifying of BIA Decisions (Mar. 29, 2018)

Jeffrey S. Chase, Mar. 29, 2018 - "The recent flurry of case certifications by Attorney General Jeff Sessions (he has certified four BIA decisions to himself since January) raises the question of the continued appropriateness of the practice. Certification allows a political appointee who heads...

New Developments in Matter of A-B, 27 I&N Dec. 247 (A.G. 2018)

A.G., Mar. 30, 2018 - The Attorney General denied the request of the Department of Homeland Security that the Attorney General suspend the briefing schedules and clarify the question presented, and he granted, in part, both parties’ request for an extension of the deadline for submitting briefs...

BIA Takes Pickering Nationwide: Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018)

Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018) - The Board of Immigration Appeals’ holding in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003), rev’d on other grounds, Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006), regarding the validity of vacated convictions for immigration...

CA9 Vacates Matter of Matter of G-G-S-, 26 I. & N. Dec. 339 (BIA 2014) - Gomez-Sanchez v. Sessions

Gomez-Sanchez v. Sessions - "Guillermo Gomez-Sanchez, a native and citizen of Mexico, petitions for review of the published decision by the Board of Immigration Appeals (“BIA” or “the Board”) affirming the Immigration Judge’s (“IJ”) finding that Gomez-Sanchez...

Unpub. BIA Equitable Tolling Victory (Apr. 19, 2018)

Matter of X-, Apr. 19, 2018 - "We conclude upon de novo review, that equitable tolling of the reopening deadline is appropriate in this case. ... Given the evidence of record that the respondent spoke Triqui fluently and only "basic Spanish," that multiple hearings were previously rescheduled...

Unpub. BIA on Divisibility, Agg. Fel., Esquivel Quintana (Apr. 16, 2018)

Matter of X-, Apr. 16, 2018, unpub . [Hats off to David Antón Armendáriz !]

BIA on Jurisdiction, Asylum, Reinstatement: Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018)

Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018) - (1) The Department of Homeland Security has the authority to file a motion to reconsider in Immigration Court. (2) An applicant in withholding of removal only proceedings who is subject to a reinstated order of removal pursuant to section 241(a)(5) of...

Matter of A-B- Amicus Brief Exposes Sessions' Lawlessness

Jeffrey S. Chase, May 6, 2018 - "Briefs of the parties and amici have now been filed with the Attorney General in Matter of A-B- . Once again, a group of former immigration judges and BIA members, which this time numbered 16 (including myself) filed an amicus brief (which can be viewed here: http...

BIA: Forced Labor in 1990 Triggers 'Material Support' Bar - Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018)

Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018) - (1) An alien provides “material support” to a terrorist organization if the act has a logical and reasonably foreseeable tendency to promote, sustain, or maintain the organization, even if only to a de minimis degree. (2) The respondent...

EOIR Electronic Filing Pilot Program

Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 - "The Executive Office for Immigration Review (EOIR) is creating a voluntary pilot program to test an expansion of electronic filing for cases filed with the immigration courts and the Board of Immigration Appeals (BIA). This notice describes...

CA9 on Scope of IJ Jurisdiction on Remand: Bermudez-Ariza v. Sessions

Bermudez-Ariza v. Sessions - "This case requires us to address the scope of an Immigration Judge’s (“IJ’s”) jurisdiction on remand from the Board of Immigration Appeals (“BIA”). Javier Bermudez-Ariza applied for asylum, withholding of removal, and protection under...

BIA Amicus Brief Invitation re Validity of Conviction for Immigration Purposes (due July 27, 2018)

BIA, June 27, 2018 - "Amicus Invitation No. 18-06-27 (Amended) AMICUS INVITATION (VALIDITY OF A CONVICTION FOR IMMIGRATION PURPOSES), DUE JULY 27, 2018 JUNE 27, 2018 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below...

CA8 on Standard of Review: Garcia-Mata v. Sessions

Garcia-Mata v. Sessions - "Maria Garcia-Mata, a citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals. After an immigration judge ordered withholding of removal, the Board vacated that decision, denied relief, and ordered Garcia-Mata removed to Mexico. Garcia...

Unpub. BIA CAT Victory (Mexico; June 25, 2018)

Matter of X-, June 25, 2018, unpublished - "The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's January 12, 2018, decision granting the applicant's application for withholding of removal under the Convention Against Torture pursuant to 8 C.F.R...