Category Archives: Board of Immigration Appeals

BIA Outlines Framework for IJs to Analyze Cases in Which Issues of Mental Competency Are Raised

Posted on May 6, 2011 by Michael D. Baker

In Matter of M-A-M-, 25 I. & N. Dec. 474 (B.I.A. May 4, 2011), a panel of the Board of Immigration Appeals (BIA or Board) held that (1) aliens in immigration proceedings are presumed to be competent and, if there … Continue reading →

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Posted in BIA, Board of Immigration Appeals, Mental Competency | Leave a comment

Matter of Ahortalejo-Guzman, 25 I. & N. Dec. 465 (B.I.A. April 19, 2011). Board Finds Record of Conviction Clear on Issue Relating to CIMT and Rejects IJ’s Use of Third Prong of Matter of Silva-Trevino

Posted on April 20, 2011 by Michael D. Baker

The Board of Immigration Appeals (BIA or Board) has followed the Attorney General’s precedent decision Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. 2008), in holding that evidence outside of an alien’s record of conviction may properly be … Continue reading →

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Posted in BIA, Board of Immigration Appeals, CIMT, Crime involving moral turpitude | Leave a comment

Matter of Sesay: K-1 Fiancé(e) Who Timely Married Petitioner May Adjust Status Even If Marriage Has Ended, BIA Holds

Posted on March 23, 2011 by Michael D. Baker

The Board of Immigration Appeals held in Matter of Sesay, 25 I & N Dec. 431 (Mar. 17, 2011) that (1) under INA § 245(d) [8 USCA § 1255(d)] (2006), a fiancé(e) visa holder can only adjust status based on … Continue reading →

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Posted in Adjustment of Status, BIA, Board of Immigration Appeals, K visa | Leave a comment

BIA Overrules Matter of Shanu in Part; Finds Alien Present in U.S. Pursuant to Admission Occurring More than Five Years Before CIMT Offense Is Not Deportable

Posted on February 7, 2011 by Michael D. Baker

The Board of Immigration Appeals (BIA or Board) held in Matter of Alyazji, 25 I. & N. Dec. (B.I.A. Feb. 3, 2011), that, in general, an alien’s conviction for a crime involving moral turpitude (CIMT) triggers removability under INA § … Continue reading →

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Matter of Soram, ID 3701, 25 I&N Dec. 378 (BIA 2010) – Unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health

Posted on November 19, 2010 by Michael D. Baker

The crime of unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health in violation of section 18-6-401(1)(a) of the Colorado Revised Statutes is categorically a crime of child abuse under … Continue reading →

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Bribery of a public official is not an aggravated felony. Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010)

Posted on October 15, 2010 by Michael D. Baker

Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010) Interim Decision #3698http://www.justice.gov/eoir/vll/intdec/vol25/3698.pdf The crime of bribery of a public official in violation of 18 U.S.C. § 201(b)(1)(A) (2006)is not an offense “relatingto” commercial bribery and is therefore not an aggravated … Continue reading →

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Posted in Aggravated felony, BIA, Board of Immigration Appeals | Leave a comment

Section 245(i) not available for Spouse of 245(i) Eligible Applicant: Matter of LEGASPI, 25 I&N Dec. 328 (BIA 2010)

Posted on September 8, 2010 by Michael D. Baker

Matter of Michael Raymund Aguirre LEGASPI, Respondent File A097 368 288 – Los Angeles, California Decided September 1, 2010 U.S. Department of JusticeExecutive Office for Immigration ReviewBoard of Immigration AppealsClick here for the decision.Tweet An alien is not independently “grandfathered” … Continue reading →

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Posted in 245(i), Adjustment of Status, BIA, Board of Immigration Appeals | Leave a comment

PEDROZA, CASILLAS-TOPETE, CORTEZ Canales 3 BIA cases

Posted on August 27, 2010 by Michael D. Baker

Matter of Hugo Heredia PEDROZA 25 I&N Dec. 312 (BIA 2010) An alien’s conviction for a crime involving moral turpitude does not render him ineligible for cancellation of removal under section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. … Continue reading →

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BIA generally extends full faith and credit to state-court decisions which vacate or modify, nunc pro tunc, criminal convictions.

Posted on August 4, 2010 by Michael D. Baker

BIA decision extending full faith and credit to a Georgia vacatur. Decision of the Board of Immigration AppealsIN REMOVAL PROCEEDINGS APPEAL File:    A044 512 066 – Atlanta, GA    In re: MOBUTO KIZUNGAa.k.a. Joseph Mobuto Kizunga CHARGE: Notice:    Sec. 237(a)(2)(A)(iii), I&N … Continue reading →

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Posted in BIA, Board of Immigration Appeals | 1 Comment

Matter of Fidel Antonio SANCHEZ-CORNEJO 25 I&N Dec. 273 (BIA 2010) Interim Decision #3686

Posted on July 7, 2010 by Michael D. Baker

The offense of delivery of a simulated controlled substance in violationof Texas law is not an aggravated felony, as defined by section101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. §1101(a)(43)(B) (2006), but it is a violation of a law … Continue reading →

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Posted in BIA, Board of Immigration Appeals, Deportation for Drug Crimes | Leave a comment