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 | Aug 24, 2015 | Asylum, Immigration, Immigration ArticlesBIA Appeals |
Last week the BIA issued a new decision outlining the interaction between the immigration statute’s requirement that an applicant file within one year of their entry and the issue of applicant credibility. Asylum applications must be filed within one year of a...
by Matthew Hoppock | Aug 6, 2015 | Immigration, Immigration ArticlesBIA Appeals, Visa Waiver |
Yesterday, the BIA issued a new precedent decision in Matter of D-M-C-P-, addressing two unrelated questions: (1) when an IJ can deem an asylum application “abandoned” for failure to get biometrics timely processed; and (2) whether the BIA or IJ have...
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 | Jul 2, 2014 | Asylum, Immigration |
On July 1, 2014, the BIA issued a new decision in Matter of P-S-H- which discusses fraud in the asylum process and what the government must prove when it wants to revoke an already-granted asylum application. While the BIA’s conclusion is not controversial (they...
by Matthew Hoppock | Apr 9, 2014 | Aggravated Felony, Deportation, Immigration, Removal Defense |
The Board has published a new decision holding that to qualify as a “theft offense” for purposes of determining whether a conviction is an Aggravated Felony, the criminal statute must require an “intent to deprive the owner of rights and benefits of...
by Matthew Hoppock | Apr 9, 2014 | Deportation, Immigration, Immigration ArticlesBIA Appeals, Removal Defense |
In a precedent decision on March 27, 2014, the Board has held in Matter of C-J-H- that a person whose status has been adjusted from asylee to lawful permanent resident cannot subsequently readjust status under section 209(b) of the Immigration and Nationality Act, 8...
by Matthew Hoppock | Mar 14, 2014 | Deportation, Immigration, Immigration ArticlesBIA Appeals, Removal Defense |
In a new precedential decision, Matter of Chavez Alvarez, the Board considers whether an immigrant who was not formally “admitted” when he first entered but then adjusted his status to become a permanent resident could be found removable under INA...
by Matthew Hoppock | Feb 24, 2014 | Asylum, Immigration |
In two new companion cases (Matter of M-E-V-G- and Matter of W-G-R-) about asylum for individuals afraid of persecution “on account of” their membership in a particular social group, the BIA has done away with the term “social visibility” and...
by Matthew Hoppock | Oct 30, 2013 | Aggravated Felony, Deportation, Immigration |
The BIA has published a new decision on the federal statute barring possession of ammunition by a convicted felon. In Matter of Oppedisano, the BIA held that a conviction under 18 U.S.C. § 922(g) for unlawful possession of ammunition by a convicted felon is an...
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 | Oct 7, 2013 | BIA Best Practices, Immigration, Immigration ArticlesBIA Appeals |
Writing a BIA brief for an immigration appeal and don’t know where to start? One helpful resource is the BIA’s “precedent table,” which is updated fairly regularly and organized by topic. It is not error-free, and it is no substitute for real...
