LexisNexis® Legal Newsroom
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...

Unpub. BIA Material Support Remand Victory (May 18, 2017)

The BIA remanded to the IJ for fact-finding regarding whether respondent's one-time payment of $50 to Al-Shabaab to secure his release from kidnapping constituted "material" support. Hats off to Prof. R. Linus Chan of the Univ. of MN Law School's Detainee Rights Clinic , part of...

BIA on Receipt of Stolen Property - Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017)

Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017) - The aggravated felony receipt of stolen property provision in section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(G) (2012), does not require that unlawfully received property be obtained by means of common...

BIA on Certificates of Citizenship - Matter of Falodun, 27 I&N Dec. 52 (BIA 2017)

Matter of Falodun, 27 I&N Dec. 52 (BIA 2017) - (1) Unlike a Certificate of Naturalization, a certificate of citizenship does not confer United States citizenship but merely provides evidence that the applicant previously obtained citizenship status. (2) The institution of judicial proceedings to...

BIA Amicus Brief Invitation: Modified Categorical Approach & CIMTs

Amicus Invitation No. 17-06-12 AMICUS INVITATION (MODIFIED CATEGORICAL APPROACH & CIMTS) DUE [JULY 12, 2017] JUNE 12, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: (1) Is...

BIA on Receipt of Stolen Property - Matter of Deang, 27 I&N Dec. 57 (BIA 2017)

Matter of Deang, 27 I&N Dec. 57 (BIA 2017) - (1) An essential element of an aggravated felony receipt of stolen property offense under section 101(a)(43)(G) of the Act, 8 U.S.C. § 1101(a)(43)(G) (2012), is that an offender must receive property with the “knowledge or belief” that...

Unpub. BIA MTR Victory Based on Carachuri-Rosendo

Prof. Geoffrey A. Hoffman writes: "This case [ Matter of X-, June 12, 2017, unpub .] is significant because the respondent had been deported about 9 years ago unfairly as an alleged aggravated felon due to minor controlled substance convictions. Two years after his removal, in 2010, the Supreme...

Unpub. BIA CAT/Withholding Remand Victory; Mexico, Transgender (July 6, 2017)

Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "Our Cornell asylum/ CAT appeals clinic just won a BIA remand in a case involving a transgender person from Mexico. A summary of the case and a redacted version of the BIA’s July 6 decision are [ here...

BIA on Adam Walsh Act: Matter of Izaguirre, 27 I&N Dec. 67 (BIA 2017)

Matter of Izaguirre, 27 I&N Dec. 67 (BIA 2017) - An offense may be a “specified offense against a minor” within the meaning of section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, 592, even if it involved an undercover police officer...

CA1 on CIMT: Coelho v. Sessions

Coelho v. Sessions, July 24, 2017 - "This appeal presents the question of whether the Board of Immigration Appeals ("BIA") committed reversible error when it held that the Massachusetts crime of assault and battery with a dangerous weapon ("ABDW"), in violation of Mass. Gen....

Unpub. BIA on U Visa, 'Admission' - Matter of Garnica Silva

Matter of Garnica Silva, A098 269 615 (BIA June 29, 2017, unpublished) - "[A]n alien granted U nonimmigrant status through stateside processing has been "admitted" to the United States as a lawful temporary resident, even if he never made an "entry" within the meaning of section...

BIA on AOS, Termination of Asylee Status: Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)

Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017) (1) An alien who adjusts status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2012), changes his or her status from that of an alien granted asylum to that of an alien lawfully admitted for permanent residence...

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...