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).
Filed under: best deportation attorney | Tagged: Appeal, BIA, cmt, crime of moral turpitude, evading arrest | Leave a comment »
In a precedent decision issued on September 20, 2017, the BIA held that where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all the other evidence of record and the circumstances of the case, to determine whether the petitioner has submitted sufficient reliable evidence to demonstrate the claimed relationship by a preponderance of the evidence.
Filed under: best deportation attorney | Tagged: BIA, birth certificate, board of immigration appeals, primary evidence, secondary evidence | Leave a comment »
According Chevron deference to the BIA’s decision, the Fifth Circuit held that the BIA did not err in denying the petitioner’s motion to reconsider her motion to reopen and found that the petitioner had waived her ineffective assistance of counsel claim by failing to brief the issue on appeal.
Filed under: best deportation attorney | Tagged: BIA, fith circuit, iac, ineffective assistance of counsel | Leave a comment »
BIA just ruled that Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state.
Filed under: best deportation attorney | Tagged: BIA, board immigration appeals, criminal alien | Leave a comment »
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, Fraud, inadmissibility, material representation, misrepresentation, scienter | Leave a comment »
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.
BIA rules on expert testimony and factual findings
BIA remands case back to USCIS
Filed under: BIA | Tagged: #bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Fraud, Immigration, Immigration Attorney, Immigration Lawyer, inadmissibility, material representation, misrepresentation, Motion to Reopen with the BIA, scienter | Leave a comment »
Filed under: best deportation attorney | Tagged: Appeal, asylum, BIA, China, persecution, religious persecution | Leave a comment »
Court Reverses BIA’s Determination That Salvadoran Petitioner Failed to Show Persecution on Account of Her Family Membership
The Fourth Circuit granted the petition for review and remanded, holding that, in affirming the IJ’s clearly erroneous factual finding that ignored critical evidence in the record, the BIA abused its discretion. The court found that the Salvadoran petitioner’s familial relationship to her father was “at least one central reason” that the MS-13 gang targeted and threatened the petitioner.
Filed under: best deportation attorney | Tagged: abuse of discretion, asylum, BIA, El Salvador | Leave a comment »
Where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all the other evidence of record and the circumstances of the case, to determine whether the petitioner has submitted sufficient reliable evidence to demonstrate the claimed relationship by a preponderance of the evidence.
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Filed under: BIA | Tagged: BIA, bia board of immigration appeals, birth certificate, delayed birth certificate, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Clarifying Matter of C-J-H-, the BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. The BIA further held that the restrictions on removal in INA §208(c)(1)(A) do not apply to a noncitizen granted asylum whose status is adjusted to that of a noncitizen lawfully admitted for permanent residence pursuant to INA §209(b).
Filed under: best deportation attorney | Tagged: asylee, asylum, BIA, board of immigration appeals, lawful permanent resident, LPR | Leave a comment »
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