BIA Holds That The Mere Continuation Of An Activity In The United States That Is Substantially Similar To The Activity From Which An Initial Claim Of Past Persecution Is Alleged… CONTINUE
Assault is a Crime Involving Moral Turpitude and Grounds for Removal
BIA Holds That Respondent’s Conviction For Assault By Means Of Force Likely To Produce Great Bodily Injury In Violation Of California Penal Code §245(a)(4) Is Categorically For A Crime Involving… CONTINUE
Attorney General Holds That BIA Should Consider De Novo The Application Of Law To The Facts Of This Case, Including Whether The Deprivation That Respondent Would Be Likely To Encounter Upon Removal To Mexico Would Constitute “Torture” Within The Meaning Of The Department Of Justice Regulations Implementing The Convention Against Torture (CAT). To Constitute “Torture” Under These Regulations, An Act Must, Among Other Things, Be Specifically Intended To Inflict Severe Physical Or Mental Pain Or Suffering. 8 C.F.R. §1208.18(a)(5). Additionally, Torture Does Not Cover Negligent Acts Or Harm Stemming From A Lack Of Resources. To Constitute “Torture”, An Act Must Also Be Motivated By Such Purposes As Obtaining From Him Or Her Or A Third Person Information Or A Confession, Punishing Him Or Her For An Act He Or She Or A Third Person Has Committed Or Is Suspected Of Having Committed, Or Intimidating Or Coercing Him Or Her Or A Third Person, Or For Any Reason Based On Discrimination Of Any Kind.
On February 26, 2020, U.S. Attorney General (AG) William Barr directed the Board of Immigration Appeals (BIA or Board) to refer the instant case to him for review of its… CONTINUE
BIA Holds That An Asylum Applicant’s Status As A Landowner Does Not Automatically Render Him Or Her A Member Of A Particular Social Group For Purposes Of Asylum And Withholding Of Removal. To Establish A Particular Social Group Based On Landownership, One Must Demonstrate By Evidence In The Record That Members Of The Proposed Group Share An Immutable Characteristic And That The Group Is Defined With Particularity And Is Perceived To Be Socially District In The Society In Question. The Respondent’s Proposed Particular Social Groups – Comprised Of Landowners And Landowners Who Resist Drug Cartels In Guatemala – Are Not Valid Based On The Evidence Of Record.
On February 10, 2020, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a Guatemalan native whose applications for asylum, withholding of removal and CAT relief were… CONTINUE
A Conviction For Dissuading A Witness Under California Penal Code §136.1(b)(1) Is Categorically An Aggravated Felony Obstruction Of Justice Offense Per INA 101(a)(43)(S). Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) Followed. The Holding In Matter of Valenzuela Gallardo May Be Applied Retroactively.
On October 18, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent for the second time, finding that his conviction for dissuading a witness… CONTINUE
Board of Immigration Appeals
On April 6, 2018, the Board of Immigration Appeals (BIA or Board) sustained a respondent’s appeal, wherein DHS and appellant had filed a joint brief in support of the appeal,… CONTINUE
BIA Holds That An Immigration Judge May Make Reasonable Inferences From Direct And Circumstantial Evidence Of Record In Determining Whether Respondent Presents A Danger To The Community, Including Considering Concerns Regarding National Security And The Likelihood Of Respondent Absconding, And Thus Should Or Should Not Be Released On Bond.
On August 3, 2016, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent denied release on bond. The Appellant, a conditional resident, had come to… CONTINUE
BIA Holds That A Failure To Appear To Serve A Sentence Aggravated Felony Offense Under INA § 101 (a)(43)(Q) Merely Requires That The Underlying Offense Be “Punishable By” Imprisonment For A Term Of 5 Years Or More, Regardless Of The Sentence Respondent Is Actually Ordered To Serve.
On March 17, 2016, The Board of Immigration Appeals (BIA or Board) ruled on the appeal of a respondent convicted of possessing stolen mailbox keys, a Federal felony punishable by… CONTINUE