Browse By Tags

Troncoso-Oviedo v. Garland "The question before us is whether pretrial detention that is not credited toward a defendant’s sentence is confinement “as a result of conviction.” See 8 U.S.C. § 1101(f)(7). We hold that it is...

Cruz-Garcia v. Garland "Jose Manuel Cruz-Garcia petitions for review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal from an Immigration Judge's ("IJ") order denying cancellation of removal...

Said v. Garland "[W]e conclude that the BIA and IJ erred in finding that Said was ineligible for cancellation of removal. By the plain language of § 893.02(3), not all substances that it proscribes are federally controlled. Section 893.02...

Matter of Hernandez-Romero, 28 I&N Dec. 374 (BIA 2021) Section 240A(c)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(c)(6) (2018), bars an applicant, who has previously been granted special rule cancellation of removal under the...

Yilun Cheng, Borderless Magazine, Jan. 13, 2021 "In the spring of 2015, Jesus Santos walked into the Immigration and Customs Enforcement office in Oakbrook Terrace to turn himself in to authorities. It was a risky move for an undocumented immigrant...

Ortega-Lopez v. Barr "Ortega-Lopez, a native and citizen of Mexico, petitions for review of a ruling by the Board of Immigration Appeals (BIA) [ Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) ] that he was ineligible for cancellation of...

Kate Evans, Oct. 19, 2020 "On Wednesday, the Supreme Court heard oral argument in Pereida v. Barr , an effort by Clemente Pereida, who has lived in the United States without authorization for nearly 25 years, to avoid mandatory deportation by presenting...

Real-Mendoza v. Barr "[T]he Board erred in deeming Mr. Real-Mendoza ineligible for cancellation of removal based on the stop-time rule. Mr. Real-Mendoza had resided continuously in the United States for at least ten years, so the agency shouldn’t...

Matter of Voss, 28 I&N Dec. 107 (BIA 2020) If a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted under section 240A(a) of the Immigration and Nationality...

Prof. Nancy Morawetz, Apr. 23, 2020 "Today’s Supreme Court decision in Barton v. Barr (see also here ), is disappointing on many levels. It ignores congressional intent and closes off relief for long term lawful permanent residents (LPRs...

Barton v. Barr [Maj. Op.] "Barton argues that the BIA and the Eleventh Circuit misinterpreted the statute. He contends that the §1182(a)(2) offense that precludes cancellation of removal must be one of the offenses of removal. We disagree...

Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of...

Ramos da Silva v. Atty. Gen. "Appellant Ludimilla Ramos Da Silva petitions for review of her final order of removal. She contends that the Board of Immigration Appeals erred when it concluded that her convictions for assaulting her husband’s...

Flores-Abarca v. Barr "[W]e hold that the Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not one of the firearms offenses listed under 8 U.S.C. § 1227(a)(2)(C). Accordingly, this conviction does not disqualify...

Marinelarena v. Sessions "We must decide whether, in the context of eligibility for cancellation of removal under 8 U.S.C. § 1229b(b), a record that is ambiguous as to whether a state law conviction constitutes a predicate offense that would...