The Fifth Circuit vacated the BIA’s decision and remanded, holding that the petitioner’s conviction for evading arrest under Texas Penal Code §38.04 was not categorically a crime involving moral turpitude rendering him ineligible for cancellation of removal under INA §240A(b)(1).
Court Says Conviction for Evading Arrest in Texas Is Not Categorically a Crime Involving Moral Turpitude
Related Posts
Ninth Circuit Vacates and Remands BIA’s Decision in Matter of E—R—A—L—
The Ninth Circuit issued an order granting the petitioner’s unopposed motion to vacate the BIA’s decision in Matter of E—R—A—L—, which pertains to establishing a particular social group based on landownership, and granted the government’s motion to remand to the BIA for further proceedings.
BIA Rules on Expert Testimony and Factual Findings
The BIA ruled that expert testimony is evidence, but only an immigration judge makes factual findings, and that when a factual finding is inconsistent with an expert’s…
BIA Finds Evidence of Prior Fraudulent Marriage Precludes Approval of Subsequent Marriage-Based Visa Petition
The BIA ruled that, when there is probative evidence that a beneficiary’s prior marriage was fraudulent and entered into to evade immigration laws, a subsequent visa petition…
Attorney General erases duress exception for persecutors seeking asylum
AG Barr issued a decision that unwound a Board of Immigration Appeals (BIA) ruling that allowed persecutors to apply for asylum if they could prove they…