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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 §245(h)(2)(B) under the circumstance-specific approach.

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia-pro-bono-project/

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https://www.bia.gov/bia

Biden administration official ends ‘Remain in Mexico’ asylum policy

 The BIA ruled that a mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged cannot establish changed circumstances under INA §208(a)(2)(D).

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

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https://cbocalbos.wordpress.com/tag/california-immigration-attorney/

https://www.uscis.gov/

EOIR rescinds policy memo on case processing at the BIA.

 EOIR issued a policy memo rescinding and cancelling Policy Memo 20-01, Case Processing at the Board of Immigration Appeals. Policy Memo 20-01 originally provided guidance on the case management system for appellate adjudications by the BIA and set internal deadlines for all phases of the pre-adjudicatory process at the BIA, including for case processing prior to completion of the appellate record. Now, upon this rescission, the BIA returns to the case management system established by regulation that was effective on September 25, 2002, to manage the Board’s caseload.

https://cbocalbos.wordpress.com/tag/bia/

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://californiaimmigration.us/bia-issues-two-crime-related-decisions/

https://cbocalbos.wordpress.com/tag/appeal-to-bia/

EOIR Final Rule Making Major Changes to BIA Procedures Enjoined by District Court

EOIR final rule, Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, which made dramatic changes to immigration appeals procedures. Earlier this month, a district court enjoined nationwide implementation of this rule.

https://cbocalbos.wordpress.com/tag/board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/appeal-to-bia/

https://californiaimmigration.us/losing-at-the-immigration-court-is-not-the-end-get-a-long-beach-deportation-lawyer-to-appeal-to-the-board-of-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

BIA Rules Individuals Who Cooperate with Law Enforcement May Constitute a Particular Social Group if Their Cooperation Is Public in Nature

 BIA ruled that individuals who cooperate with law enforcement may constitute a valid particular social group under the INA if their cooperation is public in nature, particularly where testimony was given in public court proceedings, and the evidence in the record reflects that the society in question recognizes and provides protection for such cooperation. 

https://cbocalbos.wordpress.com/tag/administrative-closure/

https://cbocalbos.wordpress.com/tag/administrative-procedure-act/

https://californiaimmigration.us/dont-give-up-do-a-petition-for-review-to-the-ninth-circuit-court-of-appeal/

https://cbocalbos.wordpress.com/tag/administrative-appeals-office-aao-2/

BIA Finds Subsequent NTA Perfects Deficient NTA and Ends Accrual of Physical Presence for Purposes of Voluntary Departure

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.

https://cbocalbos.wordpress.com/tag/9th-circuit-court-of-appeals/

https://cbocalbos.wordpress.com/tag/arrests-in-court/

https://cbocalbos.wordpress.com/tag/appeals-court/

https://californiaimmigration.us/losing-at-the-immigration-court-is-not-the-end-get-a-long-beach-deportation-lawyer-to-appeal-to-the-board-of-immigration-appeals/

BIA Rules on Adverse Credibility Findings Based on Fraudulent Documents

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 and the party submitting the document is given an opportunity to explain the defects.

https://cbocalbos.wordpress.com/tag/appeal-to-bia/

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https://cbocalbos.wordpress.com/tag/motion-to-reopen-with-the-bia/

https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/

BIA Holds Oregon Conviction for Child Neglect Is a Crime of Child Abuse Under INA §237(a)(2)(E)(i)

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). 

Ninth Circuit Vacates and Remands BIA’s Decision in Matter of E—R—A—L—

9th Circuit Court

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 It Is Inappropriate for the Board to Use Discretion to Reopen and Vacate an IJ’s Frivolousness Finding

The BIA ruled that, absent ineffective assistance of counsel or a showing undermining the validity and finality of the finding, it is inappropriate for the Board to exercise its discretion to reopen a case and vacate an immigration judge’s (IJ) frivolousness finding.