crImmigration
practical analysis of key cases about the immigration consequences of criminal violations
crImmigration.com: Category Archive for Board of Immigration Appeals

BIA: Burden to show possession with intent to distribute isn’t aggravated felony is on respondent; says categorical approach inapplicable

Posted by Cesar at 5/17/2012 4:00 AM | View Comments (1) | Add Comment

BIA: Person leaving on “advance parole” not subject to 3 or 10 year unlawful presence bars

Posted by Cesar at 5/8/2012 4:00 AM | Add Comment

BIA: Look at elements of offense to determine if statute is divisible

Posted by Cesar at 4/26/2012 4:00 AM | Add Comment

BIA: Electronically submitted documents are admissible as proof of conviction if reliable; unauthenticated doc inadmissible

Posted by Cesar at 3/8/2012 4:00 AM | Add Comment

BIA: Service of NTA triggers cancellation of removal stop-time rule even if hearing time or date not provided

Posted by Cesar at 2/7/2012 4:00 AM | Add Comment

BIA: Interprets “single scheme of criminal misconduct” language in multiple CIMT ground of removal

Posted by Cesar at 1/26/2012 4:00 AM | Add Comment

BIA: RI solicitation to commit assault is crime of violence

Posted by Cesar at 1/12/2012 4:00 AM | Add Comment

BIA: Gov bears burden of showing that returning LPR seeks admission; accessory after fact is CIMT if underlying crime is

Posted by Cesar at 11/17/2011 4:00 AM | Add Comment

BIA: NY attempted arson is aggravated felony

Posted by Cesar at 11/10/2011 4:00 AM | Add Comment

BIA: Counsel & interrogation advisories not required until NTA filed

Posted by Cesar at 9/22/2011 4:00 AM | Add Comment

BIA: Cal assault with intent to commit felony is crime of violence aggravated felony

Posted by Cesar at 8/23/2011 4:00 AM | Add Comment

BIA: 212(h) waiver can’t overcome crime-based cancellation bar for non-LPRs

Posted by Cesar at 8/16/2011 4:00 AM | Add Comment

BIA: WA eluding police conviction involves moral turpitude; clarifies Silva-Treviño analysis

Posted by Cesar at 7/21/2011 4:00 AM | Add Comment

BIA: Cal statutory rape isn’t categorically CIMT

Posted by Cesar at 3/21/2011 4:41 AM | Add Comment

BIA: IJ can’t terminate removal proceedings based on TPS grant; decision threatens to increase court backlog

Posted by Cesar at 11/29/2010 5:00 AM | Add Comment

BIA: Mandatory detention applies only if released from custody for allegedly removable offense after October 8, 1998

Posted by Cesar at 6/28/2010 5:34 AM | Add Comment

BIA: Burden is on non-citizen to show that antique firearm exception applies

Posted by administrator at 6/14/2010 5:45 AM | Add Comment

BIA: Adjustment of Status is admission for purposes of § 212(h) waiver

Posted by Cesar at 5/4/2010 5:00 AM | Add Comment

BIA: Conspiracy category of aggravated felony does not require overt act

Posted by Cesar at 4/28/2010 5:00 AM | Add Comment

5th Cir: Issue mentioned in Notice of Appeal but not briefed is waived

Posted by administrator at 3/30/2010 6:10 AM | Add Comment

BIA: Jail time imposed after probation violation counts as original sentence; willful infliction of corporal injury of spouse is crime of violence

Posted by administrator at 3/23/2010 5:00 AM | Add Comment

BIA: Police report may be considered for determining removability under modified categorical approach

Posted by administrator at 2/23/2010 5:01 AM | View Comments (1) | Add Comment

BIA: Aiding and abetting others to evade and elude examination and inspection satisfies smuggling ground of removability

Posted by administrator at 12/16/2009 6:13 AM | Add Comment

BIA: NY criminal facilitation is not illicit drug trafficking aggravated felony

Posted by administrator at 11/10/2009 9:35 AM | Add Comment

BIA: IJ may ameliorate conditions of release imposed by DHS

Posted by administrator at 10/15/2009 9:12 AM | Add Comment
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