LexisNexis® Legal Newsroom
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Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory .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...

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. ...