BIA Holds That, Given The Significance Of A Respondent’s Interest In Securing Review Of a Denial Of A Petition To Remove The Conditions On Permanent Residence, An Immigration Judge Should… CONTINUE
BIA Holds That If A Persecutor Is Targeting Members Of A Certain Family As A Means Of Achieving Some Other Ultimate Goal Unrelated To The Protected Ground, Family Membership Is Incidental Or Subordinate To That Other Ultimate Goal And Therefore Not One Central Reason For The Harm. Matter Of L-E-A-, 27 I&N Dec. 40 (BIA 2017), Reaffirmed.
BIA Holds That If A Persecutor Is Targeting Members Of A Certain Family As A Means Of Achieving Some Other Ultimate Goal Unrelated To The Protected Ground, Family Membership Is… CONTINUE
BIA Holds That, Because An Appeal Accepted Under New York Criminal Procedure Law §460.30
BIA Holds That, Because An Appeal Accepted Under New York Criminal Procedure Law §460.30 Is Classified As A Direct Appeal, A Respondent With A Pending Appeal Under This Section Does… CONTINUE
BIA Holds That Torturous Conduct Committed By A Public Official
BIA Holds That Torturous Conduct Committed By A Public Official Who Is “Acting In An Official Capacity”, Meaning Acting Under Color Of Law, Is Covered By The Regulations Implementing The… CONTINUE
BIA Holds That Determining Whether The Government Is Or Was Unable Or Unwilling To Protect A Respondent From Harm Is A Fact Specific Inquiry Based On Consideration Of All Evidence
BIA Holds That Determining Whether The Government Is Or Was Unable Or Unwilling To Protect A Respondent From Harm Is A Fact Specific Inquiry Based On Consideration Of All Evidence…. CONTINUE
BIA Holds That A Conviction For Burglary Of A Building Under New York Penal Law §140.25(1)(d) Is Not Categorically An Aggravated Felony Burglary Offense Under INA §101(a)(43)(G)
5.22.2023 BIA Holds That A Conviction For Burglary Of A Building Under New York Penal Law §140.25(1)(d) Is Not Categorically An Aggravated Felony Burglary Offense Under INA §101(a)(43)(G) Because The… CONTINUE
BIA Invites Public To File Amicus Curiae Briefs Discussing Whether And How To Remedy A Non-compliant NTA.
8.1.2023 On August 1, 2023, the Board of Immigration Appeals (BIA or Board) published an Amicus Invitation (Notice to Appear), welcoming interested members of the public to file amicus curiae… CONTINUE
BIA Holds That It Has Authority To Accept Untimely Appeals And Consider Them Timely, In Certain Situations
BIA Holds That It Has Authority To Accept What Are Otherwise Untimely Appeals, And Consider Them Timely, In Certain Situations Because 8 C.F.R. § 1003.35(b) Is A Claim-Processing Rule And… CONTINUE
Understanding BIA’s Decision on Plea Colloquy in Immigration Removal Cases
BIA Holds That, Under The Modified Categorical Approach, An Immigration Judge May Consider The Transcript Of A Plea Colloquy In Determining The Factual Basis Of A Plea. On April 28,… CONTINUE
Latest BIA Decision Clarifies Immigration Court Choice of Law
BIA Holds That For Choice Of Law Purposes, The Controlling Circuit Law In Immigration Court Proceedings Is The Law Governing The Geographic Location Of The Immigration Court Where Venue Lies,… CONTINUE
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