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BIA Dismisses Respondent’s Appeal and Discusses §18.5 of the California Penal Code

The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for a foreign national’s state offense from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II) to a past conviction for a crime involving moral turpitude “for which a sentence of one year or longer may be imposed.”

BIA Distinguishes Pereira and Dismisses Respondent’s Appeal

The BIA found that a notice to appear that doesn’t specify the time and place of an individual’s initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings and meets the requirements of INA §239(a), so long as a notice of hearing specifying this information is later sent to the individual.

Court Rules that M‑E‑V‑G‑’s “Particular Social Group” Test Is Entitled to Chevron Deference

The Third Circuit denied the petition for review and accepted the immigration judge and BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable particular social group.

Court Considers Both Charging Document and Statute in Aggravated Felony Analysis

Declining to review the BIA’s denial of the cancellation application, the Ninth Circuit ruled that the petitioner’s guilty plea to the charge of violating a Washington state child assault statute “with sexual motivation” brings the conviction within the definition of the federal offense of sexual abuse of a minor.

Court Vacates BIA Ruling That IJ Was Without Authority to Grant a Waiver of Inadmissibility

The Eleventh Circuit granted the petition for review and found the BIA erred in concluding that immigration judges (IJs) cannot have concurrent jurisdiction over a waiver of inadmissibility for U visa applicants, stating the BIA did not address or analyze the plain meaning of INA §212(d)(3).

BIA Finds Wisconsin Prostitution Statute Is Categorically an Aggravated Felony

The BIA sustained DHS’s appeal and reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaging in, or agreeing to engage in, sexual conduct for anything of value.1:42 AM

Court Holds BIA’s Interpretation of Physical Presence Requirement for NACARA Cancellation to Be Reasonable

The Ninth Circuit held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable.1:39 AM
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