by Matthew Hoppock | Nov 2, 2018 | FOIA, Immigration |
A series of FOIA requests regarding the Attorney General’s decision in Matter of Castro-Tum seem to have revealed something strange about that decision: it was edited after the Attorney General issued it. E-mail messages to and from BIA staff on May 17, 2018,...
by Matthew Hoppock | Dec 28, 2016 | Aggravated Felony, Immigration |
Yesterday afternoon we received a helpful unpublished decision from the BIA on a pro bono appeal we had filed for a permanent resident from Connecticut. The case involves the distinction between conspiracy and a predicate offense in determining whether a conviction is...
by Matthew Hoppock | Oct 14, 2016 | BIA Best Practices, DAPA, Immigration, Immigration ArticlesBIA Appeals, Immigration Reform |
This morning we won an Eighth Circuit appeal on the question of whether federal courts can review the process of “administrative closure.” Our client had sought “administrative closure” because he fit the profile President Obama had described...
by Matthew Hoppock | Sep 15, 2016 | Immigration, Immigration ArticlesBIA Appeals |
The BIA doesn’t issue that many published decisions, but this week it issued four. They’re all important and worth a read. 1. Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016) ID 3872 (PDF) In this decision, written by Board member Roger Pauley (who seems...
by Matthew Hoppock | Jun 22, 2015 | Cancellation of Removal, Immigration, Immigration ArticlesBIA Appeals |
In the last month, the BIA has published several new decisions that continue to tweak the definition of “admission” and, in the meantime, have seemingly changed the rules related to eligibility for relief for individuals accused of obtaining the residency...
by Matthew Hoppock | Oct 21, 2013 | Acquired Citizenship, Immigration |
On October 17, 2013, the BIA issued a precedent decision in Matter of Douglas, 26 I&N Dec. 197 (BIA 2013), clarifying a previously confusing issue regarding the acquisition of citizenship by a child under the age of 18, who enters as a permanent resident and whose...
by Matthew Hoppock | Sep 30, 2013 | Asylum, Immigration, Immigration ArticlesBIA Appeals, Removal Defense |
We received a good BIA decision today, granting the appeal we filed in the case of a member of the Batwa (or “pygmy”) tribe from Burundi. Our client’s heartbreaking testimony about what she faced in Burundi before finally escaping to the United...
by Matthew Hoppock | Sep 17, 2013 | Immigration, Uncategorized |
Although this decision is unpublished, the Second Circuit’s decision in Ngassaki v. Holder last week is important, because Circuit Courts don’t often rule on change of venue motions. In this case, the immigrant was in court in Buffalo but asked the...
by Matthew Hoppock | Sep 12, 2013 | Immigration, Uncategorized |
In a shocking Circuit Court decision yesterday, the Fifth Circuit concluded that a 1978 decision of the BIA had cited a section of the Mexican constitution that didn’t even exist and that the agency had continued to use this fictional section of Mexican law to...
by Matthew Hoppock | Sep 4, 2013 | Asylum, Immigration, Removal Defense |
If you fought your asylum case in immigration court by yourself and you’re now headed for the BIA, consider this: an Immigration Judge is required to (1) tell you that free attorneys are available to help you, and (2) provide you with a list of those free...
by Matthew Hoppock | Aug 22, 2013 | Immigration, Immigration ArticlesBIA Appeals |
The Board’s power to conduct its own fact-finding is limited by regulation, but the scope of that limitation has been the subject of both BIA precedent decisions and several circuit court decisions. So, what can the Board review? A new decision from the Seventh...
by Matthew Hoppock | Aug 19, 2013 | Immigration, Removal Defense |
When a government witness testifies at Immigration Court, it is difficult to maintain control of the proceedings as counsel for the immigrant. There is a common concern that testimony from government witnesses is given extra weight and that attempts to impeach a civil...
by Matthew Hoppock | Jan 7, 2012 | Asylum, Immigration, Immigration ArticlesBIA Appeals |
On the issue of “firm resettlement,” one of the grounds for denying asylum to an otherwise-eligible applicant, the BIA has been less than clear. Basically, if a person comes to the United States to apply for asylum from Country X, but in the interim they...
by Matthew Hoppock | Mar 23, 2011 | Immigration, Immigration ArticlesBIA Appeals |
It is not uncommon for a written decision of the BIA to contain obvious typographical or drafting errors (so, if you get a written decision from the Board, read it closely). I’m not sure how this happens, as most BIA decisions are first drafted by a staff...
