June 2012 M T W T F S S « Mar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Michael Baker
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Recent Posts
- A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective
- Seventh Circuit Upholds Warrantless Search of Cell Phones-USA v. Abel Flores-Lopez
- Is Immigration Good for America?
- Marriage Fraud Doctrines.
- Making a false tax return “involv[ing] fraud or deceit” when the loss to the government exceeds $10,000 is an aggravated felony.
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Category Archives: BIA
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective
ABSTRACT: The purpose of this Article is to provide a basic overview of a body of law that has been compared as second only to tax law in its complexity. Our goal is to highlight the major areas where criminal laws … Continue reading
Administrative closure of proceedings. Unauthenticated Document Cannot Be Used as Evidence of Criminal Conviction
Matter of AVETISYAN, 25 I&N Dec. 688 (BIA 2012) (1) Pursuant to the authority delegated by the Attorney General and the responsibility to exercise that authority with independent judgment and discretion, the Immigration Judges and the Board may administratively close … Continue reading
When Two or More CIMTs Arise Out of a Single Scheme: Matter of Islam
The Board of Immigration Appeals (BIA or Board) held in Matter of Islam, 25 I. & N. Dec. 637 (B.I.A. Nov. 18, 2011), that (1) in determining whether an alien’s convictions for two or more crimes involving moral turpitude (CIMTs) … Continue reading
BIA PRECEDENT TABLE-Revised 08-12-2011
Compiles head-notes from BIA precedent cases published in volumes 21, 22, 23, 24 and 25 of the Administrative Decisions under the Immigration and Nationality Laws of the United States, organized by topic. As such, it includes all BIA cases published … Continue reading
Posted in BIA, BIA PRECEDENT TABLE, Board of Immigration Appeals
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BIA PRECEDENT TABLE 1995-2010 (Revised 06-18-2010)
This document compiles headnotes from BIA precedent cases published in volumes 21, 22, 23, 24 and 25 of the Administrative Decisions under the Immigration and Nationality Laws of the United States, organized by topic. As such, it includes all BIA … Continue reading
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BIA Finds California Assault with Intent to Commit a Felony Is a Crime of Violence
The Board of Immigration Appeals (BIA or Board) held in Matter of Ramon Martinez, 25 I. & N. Dec. 571 (B.I.A. July 15, 2011), that a violation of § 220 of the California Penal Code (assault with intent to commit … Continue reading
BIA Finds § 212(h) Waiver Not Available to Overcome Bar to Cancellation of Removal
Matter of BUSTAMANTE, 25 I&N Dec. 564 (BIA 2011) The bar to cancellation of removal in section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), which precludes an alien who has been convicted of an offense … Continue reading
Posted in 212(h) waiver, BIA, Board of Immigration Appeals
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BIA Addresses K-2 Age Out Eligibility for Adjustment of Status: K-2s Don’t Age Out
A derivative child of a nonimmigrant fiancé(e) visa holder under section 101(a)(15)(K)(iii) of the INA is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa. … Continue reading
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BIA Finds Conviction for Violating Kansas No-Contact Provision Is a Removable Offense
A conviction for violation of the no-contact provision of a protection order issued under the Kansas Protection from Abuse Act constitutes a removable offense under INA §237(a)(2)(E)(ii). Matter of Strydom, 25 I&N Dec. 507 (BIA 2011). The Board held that a … Continue reading
BIA Says Arriving Aliens Subject to Expedited Removal May Be Placed in §240 Proceedings
DHS has the discretion to place arriving aliens in removal proceedings under INA §240, even if they may also be subject to expedited removal under INA §235(b)(1)(A)(i). Matter of E-R-M- & L-R-M, 25 I&N Dec. 520 (BIA 2011)
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