On September 25, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a lawful permanent resident convicted of possession of methamphetamine and, shortly thereafter, of marijuana… CONTINUE
The Standard Of Proof Necessary To Bar The Approval Of A Visa Petition Based On Marriage Fraud Under INA §204(c) Is “Substantial And Probative Evidence.” The Degree Of Proof Necessary To Constitute “Substantial And Probative Evidence” Is More Than A Preponderance Of Evidence, But Less Than Clear And Convincing Evidence; The Evidence Must Be More Than Probably True That The Marriage Is Fraudulent. The Nature, Quality, Quantity, And Credibility Of The Evidence Of Marriage Fraud Contained In The Record Should Be Considered In Its Totality In Determining If It Is “Substantial And Probative.” The Application Of This Standard Of Proof Requires The Examination Of All The Relevant Evidence And A Determination As To Whether Such Evidence When Viewed In Its Totality, Establishes With Sufficient Probability That The Marriage Is Fraudulent. Both Direct And Circumstantial Evidence May Be Considered In Determining Whether There Is “Substantial And Probative Evidence” Of Marriage Fraud Under §204(c) And Circumstantial Evidence Alone May Be Sufficient To Constitute “Substantial And Probative Evidence.
On August 23, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a decision by USCIS Field Office Director (FOD) denying a Form I-130 visa petition,… CONTINUE
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 Immigration Judges Have The Authority To Deny An Application For Temporary Protected Status (TPS) In The Exercise Of Discretion.
BIA Holds Immigration Judges Have The Authority To Deny An Application For Temporary Protected Status (TPS) In The Exercise Of Discretion.
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
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
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