San Francisco Immigration Lawyers

BIA Holds That Offense Of Menacing In Violation Of Section 163.190 Of The Oregon Revised Statutes Is Categorically A Crime Involving Moral Turpitude. The Actual Infliction Of Fear Is Not Necessary For The Crime To Categorically Involve Moral Turpitude, Where The Statute Requires Evil Or Malicious Intent And The Level Of Threatened Harm, Or Magnitude Of Menace Implicit In The Threat, Is Serious And Immediate. Matter Of Solon, 24 I&N Dec.239 (BIA 2007), Distinguished.

December 31, 2019 Philip Levin

On October 11, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent contesting the pretermission of his application for cancellation of removal under INA… CONTINUE

Because The Identity Of The Drug Involved Is An Element Of The Crime Of Possession Of A Controlled Substance Under Section 124.401(5) Of The Iowa Code, The Statue Is Divisible (Regarding Marijuana, Methamphetamine Or Amphetamine) As To The Specific Drug Involved, And The Record Of Conviction Can Be Examined Under The Modified Categorical Approach To Determine Whether That Drug Is A Controlled Substance Under Federal Law. Respondent’s Conviction For Methamphetamine Possession Under Section 124.401(5) Qualifies As A Controlled Substance Offense Under INA §237(a)(2)(B)(i).

October 18, 2019 Philip Levin

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.

October 18, 2019 Philip Levin

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

BIA Holds Immigration Judges Have The Authority To Deny An Application For Temporary Protected Status (TPS) In The Exercise Of Discretion.

September 12, 2019 Philip Levin

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.

July 30, 2019 Philip Levin

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.

July 25, 2019 Philip Levin

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.

July 15, 2019 Philip Levin

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.

June 19, 2019 Philip Levin

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.

June 18, 2019 Philip Levin

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