The Ninth Circuit held that the BIA erred in looking outside the record of the conviction to conclude that the petitioner was convicted of spousal abuse under California Penal Code §273.5(a) and remanded for the BIA to consider whether the petitioner is eligible for the petty offense exception under INA §212(a)(2)(A)(ii).
Home » Immigration Updates » Court Says BIA Erred in Looking Outside the Record to Rule on Consequences of Conviction
Court Says BIA Erred in Looking Outside the Record to Rule on Consequences of Conviction
Related Posts
Circuit Court Strikes Down Matter of S-O-G- & F-D-B-
The Fourth Circuit Court of Appeals issued a ruling in Chavez Gonzalez v. Garland, which repealed Matter of S-O-G- & F-D-B-, holding that the Attorney…
EOIR Announces Appointment of 24 New Immigration Judges
EOIR announced the appointment of 24 new immigration judges, including four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. The memo provides a…
BIA Finds IJs and the Board Lack Authority to Recognize the Equitable Defense of Laches in Removal Proceedings
The BIA found the respondent did not submit sufficient objective evidence to support his fear of torture by the Rwandan government and that immigration judges…
BIA Remands for IJ to Determine Qualification for “Simple Possession” Exception
The BIA sustained the appeal and remanded to allow the immigration judge (IJ) to evaluate if the respondent qualifies for the “simple possession” exception to…
USCIS Will Now Provide Self-Service Kiosks for BIA and EOIR Payments
USCIS announced that, as of June 2021, it will allow attorneys and accredited representatives to use self-service kiosks in USCIS field offices to pay the…