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2005

  • BIA Holds Refugees Who Adjust Status Are Subject to Removal Hearings (12/9/2005)
    The BIA held that the Respondent, who was admitted to the U.S. as a refugee and who later adjusted his status to an LPR, was subject to removal based on his conviction of two crimes involving moral turpitude, even though his refugee status was never terminated. (Smriko, 11/10/05).
    AILA Doc. No. 05120961.
  • BIA Says Trial Court Modification of Criminal Sentence Valid for Purposes of Immigration Law(34 KB - 11/21/2005)
    A trial court’s decision to modify or reduce an alien’s criminal sentence nunc pro tunc is entitled to full faith and credit by IJs and the BIA, and such a sentence is thus valid for purposes of immigration law without regard to the trial court’s reasons for the modification or reduction. Matter of Cota, 23 I&N Dec. 846 (BIA 2005) I.D. #3522. AILA Doc. No. 05112163.
    AILA Doc. No. 05112163.
  • BIA Expels Attorney From Practice Before Board, Immigration Courts and DHS(24 KB - 11/16/2005)
    BIA agrees with DHS that disciplinary action be taken against an immigration attorney disbarred by the Supreme Court of Florida, expelling him from practice before the Board, Immigration Courts and DHS. Matter of Ramos , 23 I&N Dec. 843 (BIA 2005) I.D. #3521. AILA Doc. No. 05111618.
    AILA Doc. No. 05111618.
  • BIA Says Termination of LPR's Refugee Status Not Required to Initiate Removal Proceedings(24 KB - 11/15/2005)
    BIA says removal proceedings may be commenced against an alien who was admitted to the U.S. as a refugee under section 207 without prior termination of the alien’s refugee status. Matter of Smriko, 23 I&N Dec. 836 (BIA 2005) I.D. #3520. AILA Doc. No. 05111560.
    AILA Doc. No. 05111560.
  • BIA Decision on Continuous Residence under 212(h)(115 KB - 11/2/2005)
    The BIA, in a non-precedent decision, rules that section 212(h)'s seven years of continuous residence can be in any lawful status, not just permanent resident status. Courtesy of AILA member John Pratt. AILA Doc. No. 05110261.
    AILA Doc. No. 05110261.
  • BIA Finds IJ Lacks Jurisdiction to Apply 204(j) (11/1/2005)
    In a precedent decision, the Board of Immigration Appeals affirms an immigration judge’s finding that he does not have authority to apply AC21 permanent portability in an adjustment of status case before him. Matter of Perez-Vargas, 23 I&N 829 (BIA, 2005), I.D. #3519. AILA Doc. No. 05110114.
    AILA Doc. No. 05110114.
  • BIA Says Its Precedent Decisions Apply to All Proceedings on the Same Issue Until Modified Otherwise(53 KB - 8/18/2005)
    BIA rules that a precedent decision made by the BIA applies to all proceedings involving the same issue unless and until it is modified or overruled by the Attorney General, Congress, a Federal court, or the BIA itself. Matter of E-L-H-, 23 I&N Dec. 814 (BIA 2005) I.D. #3518. AILA Doc. No. 05081840.
    AILA Doc. No. 05081840.
  • BIA Rules 2-Week Absence, No Exclusion Proceedings & Subsequent EWI Does Not Break Continuous Physical Presence(58 KB - 8/12/2005)
    Distinguishing from Matter of Romalez, BIA says 2-week absence from US does not break continuous physical presence where respondent was refused admission at a POE, returned to Mexico without any threat of the institution of exclusion proceedings, and then reentered without inspection. Matter of Avilez, 23 I&N Dec. 799 (BIA 2005) I.D. #3517. AILA Doc. No. 05081263.
    AILA Doc. No. 05081263.
  • IJ Terminates Proceedings Against NSEERS Registrant(646 KB - 8/8/2005)
    Motion to terminate was granted where information underlying the charge of removability was obtained in violation of "fundamental regulatory rights and implicit consitutional rights" during Special Registration. Courtesy of AILA member Mario Russell. AILA Doc. No. 05080860.
    AILA Doc. No. 05080860.
  • BIA Says Time To Prove Good Moral Character For Cancellation of Removal Ends With Final Administrative Decision(33 KB - 7/25/2005)
    BIA decides that the 10-year period during which good moral character must be established for cancellation of removal ends with the date of entry of a final administrative decision by the IJ or BIA. The 10-year period is calculated backward from this date. Matter of Ortega-Cabrera, 23 I&N Dec. 793 (BIA 2005) I.D. #3516. AILA Doc. No. 05072561.
    AILA Doc. No. 05072561.
  • BIA Denies Asylum to Leader-in-Exile of Algerian Islamist Group Due to U.S. National Security Threat(65 KB - 6/23/2005)
    BIA denied asylum to leader-in-exile of Algerian political group for assisting and condoning armed acts of persecution at home and for being a "danger to the security of the United States." BIA remanded withholding and deferral of removal for further proceedings consistent with this opinion. Matter of A-H-, 23 I&N Dec. 774 (BIA 2005) I.D. #3515. AILA Doc. No. 05062342
    AILA Doc. No. 05062342.
  • BIA Says Unauthorized Use of Motor Vehicle Equates to an Aggravated Felony(111 KB - 6/8/2005)
    BIA rules that unauthorized use of a motor vehicle is a crime of violence and is thus an aggravated felony, rendering an individual removable and ineligible for waiver if convicted . Matter of Brieva-Perez, 23 I&N Dec. 766 (BIA 2005) I.D. #3514. AILA Doc. NO. 05060860.
    AILA Doc. No. 05060860.
  • BIA Says AOS is an Admission for Purposes of Removal Due to CIMT Conviction(40 KB - 6/7/2005)
    BIA rules person convicted of CIMT punishable by imprisonment for at least one year is removable if the crime was committed within 5 years of the first or any subsequent admission date. The admission date refers, among other things, to the date of adjustment to permanent resident status. Matter of Shanu, 23 I&N Dec. 754 (BIA 2005) I.D. #3513. AILA Doc. No. 05060770.
    AILA Doc. No. 05060770.
  • BIA Rules That Marriage Between Transsexual and Member of Opposite Sex May Be Basis for Benefits(30 KB - 5/19/2005)
    BIA rules that marriage between a postoperative transsexual and a person of the opposite sex may be the basis for benefits under the INA, where the State in which the marriage occurred recognizes the sex change of the postoperative transsexual and considers the marriage a valid legal marriage. Matter of Lovo, 23 I&N Dec. 746 (BIA 2005) I.D. #3512. AILA Doc. No. 05051961.
    AILA Doc. No. 05051961.
  • BIA Reinstates Same Voluntary Departure Time Granted By IJ at End of Removal Proceedings(35 KB - 5/12/2005)
    BIA rules that, absent specific reasons to do otherwise, where respondent's asylum and withholding of removal appeals have been denied, it will reinstate the same voluntary departure period granted by the IJ to the respondent at the end of removal proceedings. Matter of A-M-, 23 I&N Dec. 737 (BIA 2005) I.D. #3511.
    AILA Doc. No. 05051242.
  • BIA Finds Certain Individuals in Removal Proceedings Eligible for Custody Redetermination Hearing(24 KB - 5/6/2005)
    BIA holds that certain individuals screened for expedited removal and then placed in removal proceedings, following a positive credible fear ruling, are eligible for a custody redetermination hearing before an IJ. Individuals specifically excluded from custody jurisdiction of IJs excepted. Matter of X-K-, 23 I&N Dec. 731 (BIA 2005) I.D. #3510. AILA Doc. No. 05050660.
    AILA Doc. No. 05050660.
  • BIA Rules a Person Found Removable for Sexual Abuse of a Minor Ineligible for 212(c) Waiver(33 KB - 4/7/2005)
    BIA rules that a person found removable due to conviction for sexual abuse of a minor is ineligible for a waiver under former section 212(c) of the INA, because the aggravated felony ground of removal he was charged with has no statutory counterpart in the 212(a) grounds of inadmissibility. Matter of Blake, 23 I&N Dec. 722 (BIA 2005) I.D. #3509. AILA Doc. No. 05040764
    AILA Doc. No. 05040764.
  • AG Rules That Firearms Conviction Expunged by State Law Still Holds for Immigration Purposes(15 KB - 3/30/2005)
    Following Matter of Marroquin, AG reversed and remanded BIA decision, ruling that even where an alien individual's firearms conviction was expunged pursuant to California state law, the individual is still considered "convicted" for immigration purposes, and remains removable. Matter of Luviano-Rodriguez, 23 I&N Dec. 718 (A.G. 2005) Int. Dec. 3508. AILA Doc. No. 05033015.
    AILA Doc. No. 05033015.
  • AG Rules That Firearms Conviction Expunged by State Law Still Holds for Immigration Purposes(46 KB - 3/30/2005)
    Citing the INA’s definition of “conviction,” which says that nearly all convictions set aside or vacated due to expungement statutes remain convictions for immigration purposes, the AG ruled that an alien individual's expunged firearms conviction still rendered him removable. Matter of MARROQUIN-Garcia, 23 I&N Dec. 705 (A.G. 2005) Int. Dec. 3507. AILA Doc. No. 05033013.
    AILA Doc. No. 05033013.
  • Attorney General Remands Case to BIA on Question of Finality of Decision (3/16/2005)
    The Attorney General remanded the case for reconsideration, in light of Matter of A-H-, on the question of whether a BIA decision is final and effective while the case is pending Attorney General review on certification. In re E-L-H et al., 23 I&N Dec. 700 (BIA 2005) Int. Dec. 3506. AILA Doc. NO. 05031661.
    AILA Doc. No. 05031661.
  • BIA Reaffirms Matter of Gabryelsky, Despite Changes to 212(c)(19 KB - 3/11/2005)
    The BIA held that a respondent may seek a waiver of inadmissibility under section 212(c) in conjunction with an application for adjustment of status, despite regulatory changes relating to the availability of section 212(c) relief. In re Greg Fabian Azurin, 23 I&N Dec. 695 (BIA 2005) Int. Dec. 3505. AILA Doc. NO. 05031167.
    AILA Doc. No. 05031167.
  • 274C OCAHO Decision (2/28/1995)
    The following is a decision of the Chief Administrative Hearing Officer (OCAHO) that decided I-9 form completion will not implicate 274C.
    AILA Doc. No. 95022890.
  • Attorney General Remands Matter of R-A-(9 KB - 1/28/2005)
    Order from Attorney General Ashcroft remanding Matter of R-A- to the BIA "for reconsideration following publication of the proposed rule" on gender-based asylum. AILA Doc. No. 05012862.
    AILA Doc. No. 05012862.