Philip Levin & Associates

Immigration Law

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Attorney General Barr Holds That In Matter Of L-E-A-, 27 I&N Dec. 40 (BIA 2018), The BIA Improperly Recognized The Respondent’s Father’s Immediate Family As A “Particular Social Group” (PSG) For Purposes Of Qualifying For Asylum Under The INA. All Asylum Applicants Seeking to Establish Membership In A PSG, Including Groups Defined By Family Or Kinship Ties, Must Establish That The Group Is 1) Composed Of Members Who Share A Common Immutable Characteristic; 2) Defined With Particularity; 3) Socially Distinct Within The Society In Question. While The BIA Has Recognized Certain Clans And Subclans as PSGs, Most Nuclear Families Are Not Inherently Socially Distinct And Therefore Do Not Qualify As PSGs. The Portion Of The BIA’s Decision Recognizing The Respondent’s Proposed PSG Is Overruled (Matter Of L-E-A, Part II. A). The Rest Of The BIA’s Decision Including Its Analysis Of The Required Nexus Between Alleged Persecution And The Alleged Protected Ground, Is Affirmed (Part II.B).

On July 29, 2019, Attorney General (AG) William Barr issued a decision in a case decided in 2018 by the Board of Immigration Appeals (BIA or Board) where most recently,… CONTINUE

BIA Holds That, Under The Plain Language Of INA §237(a)(3)(D)(i), It Is Not Necessary To Show Intent To Establish That One Is Deportable For Making A False Representation Of U.S. Citizenship. Although A Naturalization Certificate Is Evidence Of U.S. Citizenship, The Certificate Itself Does Not Confer Citizenship Status If It Is Acquired Unlawfully.

On June 28, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of an order by the Immigration Judge (IJ) finding respondent, who had falsely claimed to… CONTINUE

Filed Under: BIA

BIA Holds That When One Is Convicted Of Violating A State Drug Statute That Includes A Controlled Substance Not On The Federal Controlled Substance Schedules, He Or She Must Establish A Realistic Probability That The State Would Actually Apply The Language Of The Statute To Prosecute Conduct Involving That Substance To Avoid The Immigration Consequences Of Such A Conviction. Matter Of Ferreira, 26 I & N Dec. 415 (BIA 2014), Reaffirmed.

On June 11, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent found removable by an Immigration Judge (IJ) for a controlled substance conviction,… CONTINUE

BIA Holds That An Immigration Judge Has The Authority To Dismiss Removal Proceedings Per 8 C.F.R. §239.2(a)(7) Upon A Finding That Respondent Abused The Asylum Process By Filing A Meritless Asylum Application With USCIS For The Sole Purpose Of Seeking Cancellation Of Removal In The Immigration Court.

On May 31, 2019, the Board of Immigration Appeals (BIA or Board) dismissed an appeal by respondents of the granting by an Immigration Judge (IJ) of a DHS motion to… CONTINUE

Attorney General Refers Decisions Of BIA To Himself To Review Issues Related To Whether, And Under What Circumstances, Judicial Alteration Of A Criminal Conviction Or Sentence Should Be Taken Into Consideration In Determining The Immigration Consequences Of The Conviction.

On May 28, 2010, Attorney General (AG) William Barr directed the Board of Immigration Appeals (BIA or Board) to refer to him cases per 8 C.F.R. § 1003.1(h)(1)(i), so that… CONTINUE

BIA Holds That, Pursuant To INA §240(b)(5)(B), Neither Rescission Of An In Absentia Order Of Removal Nor Termination Of Proceedings Is Required Where A Respondent Who Was Served With A Notice To Appear That Did Not Specify The Time And Place Of The Hearing Failed To Provide An Address Where A Notice Of Hearing Could Be Sent. Pereira V. Sessions, 138 S.Ct. 2105 (2018) Distinguished.

On May 22, 2019, the Board of Immigration Appeals (BIA or Board), continuing with its current post-Pereira post-Bermudez-Cota line of cases, dismissed the appeal of a respondent from an Immigration… CONTINUE

BIA Holds That Neither Rescission Of An In Absentia Order Of Removal Nor Termination Of Proceedings Is Required Where Respondent Failed To Appear At A Scheduled Hearing After Being Served With A Notice To Appear That Did Not Specify The Time And Place Of The Hearing, So Long As A Subsequent Notice Of Hearing Specifying That Information Was Properly Sent To Respondent. Pereira v. Sessions, 138 S. Ct. 2105 (2018), Distinguished.

On May 22, 2019, the Board of Immigration Appeals (BIA or Board), following up on its recent precedential jurisprudence concerning the effects of the issuance of a Notice to Appear… CONTINUE

BIA Holds That A Deficient Notice To Appear That Fails To Include The Time And Place Of A Respondent’s Initial Removal Hearing Is Perfected By The Subsequent Service Of A Notice Of Hearing Setting Forth That Missing Information, Satisfying The Notice Requirements OF INA §240A(d)(1)(A). Pereira v. Sessions, 138 s. Ct. 2105 (2018), Distinguished; Matter of Bermudez-Cota, 27 I & N Dec. 441 (BIA 2018), Followed.

On May 1, 2018, the Board of Immigration Appeals (BIA or Board), in an important en banc decision, held 9-6 that a defective Notice To Appear (NTA) that does not… CONTINUE

Attorney General William Barr Finds Matter of X-K, 23 I&N Dec. 731 (BIA 2005) Was Wrongly Decided And Overrules That Decision, Also Holding That One Who Is Transferred From Expedited Removal Proceedings To Full Removal Proceedings After Establishing A Credible Fear Of Persecution Or Torture Is Ineligible For Release On Bond And Must Be Detained Until Proceedings Conclude, Unless Granted Parole.

On April 16, 2019, U.S. Attorney General (AG) William Barr, in a case certified to his office, drastically altered the legal landscape for asylum seekers entering the U.S. without inspection… CONTINUE

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