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 | 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 |
In a new decision the BIA has clarified that convictions under 18 U.S.C. § 1001(a)(2), for making “any materially false, fictitious, or fraudulent statement or representation” is a Crime Involving Moral Turpitude (CIMT). Matter of Pinzon, 26 I&N Dec....
by Matthew Hoppock | Jun 27, 2013 | Immigration, Uncategorized |
In a new precedential decision issued this morning, the BIA held that “the intentional distribution of the proceeds of an illicit drug business” is not an Aggravated Felony. In Matter of Flores-Aguirre, the board reasoned that because...
by Matthew Hoppock | Jun 26, 2013 | Immigration, Uncategorized |
Although it will likely be overshadowed by the Supreme Court’s rulings today, the Board issued something of a blockbuster decision this morning interpreting issues involving both asylum and the definition of “conviction” under the INA. Among...
by Matthew Hoppock | Jun 25, 2013 | Immigration, Uncategorized |
Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013): (1) Where the indicia of a respondent’s incompetency are manifest, the Department of Homeland Security (“DHS”) should serve the notice to appear on three individuals: (1) a person with whom the respondent...
by Matthew Hoppock | Nov 13, 2012 | Immigration, Uncategorized |
If anyone doesn’t already think the “Particularly Serious Crime” doctrine is a muddled, unconstitutionally vague, morass, there’s more proof in the decision issued by the BIA today. As we wrote in December the statute does not define...
by Matthew Hoppock | Nov 5, 2012 | Immigration, Uncategorized |
If the DHS believes someone should be deported, they usually issue a “Notice to Appear,” which is filed with the Immigration Court. The Immigration Court then schedules a hearing (sometimes 6 months or more later) where an Immigration Judge can...
by Matthew Hoppock | Oct 31, 2012 | Immigration, Uncategorized |
Today, an article entitled “Hopeless – Often Pointless – Cases Clog Immigration Courts” was published on the “Center for Immigration Studies” website. I won’t link to it, because we don’t have an interest in fueling traffic to...
by Matthew Hoppock | Oct 24, 2012 | Immigration, Uncategorized |
Yesterday the Board published a new precedent decision analyzing whether and when “a single offense involving possession for one’s own use of thirty grams or less of marijuana” can include conduct that involved several offenses. The new...
by Matthew Hoppock | Feb 1, 2012 | Immigration, Uncategorized |
I just had a consultation that exemplifies the stupidity of the Board’s decision in Matter of D-X- and Y-Z-, issued last month. An asylum applicant cannot win asylum if she has been “firmly resettled” in a third country. As the asylum law...
by Matthew Hoppock | Jan 25, 2012 | Immigration, Uncategorized |
A published decision from the BIA yesterday addresses the question of how conviction records are to be authenticated when they are used as the basis for finding an individual removable. Matter of Velasquez, 25 I&N Dec. 680 (BIA 2012). Two...
by Matthew Hoppock | Jan 20, 2012 | Immigration, Uncategorized |
A precedent decision was issued by the BIA today in Matter of U. Singh. We will discuss the central holding in a longer post tomorrow. This evening I just have two side notes. First, Garry Malphrus is again on the panel. That makes 6 decisions...
by Matthew Hoppock | Jan 6, 2012 | Uncategorized |
I will have a full breakdown later, but an initial reflection on the precedent decision issued today in Matter of D-X- & Y-Z-: the IJ’s decision was issued May 25, 2006. Why did it take the BIA over 5 and a half years to decide this...
by Matthew Hoppock | Jan 4, 2012 | Uncategorized |
It is difficult to make much sense of the body of law governing “particularly serious crimes.” An immigrant convicted of a particularly serious crime is ineligible for asylum or withholding of removal. This is a big deal. Withholding of...
by Matthew Hoppock | Dec 12, 2011 | Immigration, Immigration ArticlesBIA Appeals |
In a published decision on December 6, the BIA held that an immigrant who adjusts her status to permanent residence under the Cuban Adjustment Act has been “admitted” to the United States. Matter of Javier Jesus ESPINOSA GUILLOT, 25 I&N Dec. 653 (BIA 2011). That...
by Matthew Hoppock | May 3, 2011 | Immigration, Immigration ArticlesBIA Appeals, Uncategorized |
The Board issued a precedent decision on Friday April 29th in the case of Matter of Cubor-Cruz, which affirmed the Eighth and Fifth Circuits and rejected the Ninth Circuit’s position. The question was whether a child who was given a written notice of his...
