the BIA ruled that if an NTA fails to specify the time/place of an initial removal hearing, a subsequent NTA with the information perfects the deficient NTA and ends the accrual of physical presence for purposes of voluntary departure. Additionally, last week, the BIA ruled that §58-37-8(2)(a)(i) of the Utah Code, which criminalizes possession of a controlled substance, is divisible with respect to the specific “controlled substance” involved in a violation of that statute.
Appellate procedures and administrative closures have changed https://brian-d-lerner-blog.com/tag/9th-circuit-court-of-appeals/ https://brian-d-lerner-blog.com/tag/administrative-appeals-office-aao-2/ https://brian-d-lerner-blog.com/tag/appeals/ https://californiaimmigration.us/bia-remands-case-where-defendant-appeals-in-absentia-order/
The BIA found that immigration judges may find a document to be fraudulent without forensic analysis if it contains obvious defects or readily identifiable hallmarks of fraud…
The BIA ruled that a conviction for child neglect in the second degree under §163.545(1) of the Oregon Revised Statutes is categorically a “crime of child abuse, child neglect, or child abandonment” under INA §237(a)(2)(E)(i).
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.
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…