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2005

  • BIA Recognizes Trial Court Modification of Criminal Sentence for Immigration Purposes(34 KB - 11/21/2005)
    The BIA held that a trial court’s decision to modify or reduce a criminal sentence nunc pro tunc is entitled to full faith and credit by IJs and the BIA and is valid for immigration purposes without regard to the reason for the modification or reduction. (Matter of Cota, 11/18/05)
    AILA Doc. No. 05112163.
  • BIA Expels Attorney From Practice Before EOIR and DHS(24 KB - 11/16/2005)
    The BIA agreed with DHS that disciplinary action be taken against an immigration attorney disbarred by the Supreme Court of Florida and expelled him from practice before EOIR and DHS. (Matter of Ramos, 11/15/05)
    AILA Doc. No. 05111618.
  • BIA Says Termination of LPR's Refugee Status Not Required to Initiate Removal Proceedings(24 KB - 11/15/2005)
    The BIA held that 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, 11/10/05)
    AILA Doc. No. 05111560.
  • BIA on Continuous Residence Under 212(h)(115 KB - 11/2/2005)
    The BIA, in a non-precedent decision, ruled that the seven years of continuous residence for purposes of a 212(h) waiver can be in any lawful status, not just permanent resident status. Courtesy of AILA member John Pratt.
    AILA Doc. No. 05110261.
  • BIA Finds IJ Lacks Jurisdiction to Apply 204(j)(671 KB - 11/1/2005)
    The BIA held that immigration judges have no authority to determine whether the validity of an alien’s approved I-140 petition is preserved under INA 204(j) after the alien’s change in jobs or employers. (Matter of Perez-Vargas, 10/28/05)
    AILA Doc. No. 05110114.
  • BIA on Impact of Precedent Decisions(53 KB - 8/18/2005)
    The BIA held that its precedent decisions apply to all proceedings involving the same issue unless and until they are modified or overruled by the Attorney General, Congress, a federal court, or the BIA itself. (Matter of E-L-H-, 8/18/05)
    AILA Doc. No. 05081840.
  • BIA Says 2-Week Absence Followed by EWI Does Not Break Physical Presence(58 KB - 8/12/2005)
    Distinguishing from Matter of Romalez, the BIA held that a 2-week absence does not break continuous physical presence where the respondent was refused admission without threat of exclusion proceedings and reentered without inspection. (Matter of Avilez, 8/10/05)
    AILA Doc. No. 05081263.
  • IJ Terminates Proceedings Against NSEERS Registrant(646 KB - 8/8/2005)
    The IJ granted the motion to terminate where information underlying the charge of removability was obtained in violation of "fundamental regulatory rights and implicit consitutional rights" during NSEERS registration. Courtesy of Mario Russell.
    AILA Doc. No. 05080860.
  • BIA Says Time To Prove GMC For Cancellation Ends with Final Administrative Decision(33 KB - 7/25/2005)
    The BIA held that the 10-year period during which good moral character must be established for cancellation purposes ends with the date of entry of a final administrative decision by the IJ or BIA. (Matter of Ortega-Cabrera, 7/21/05)
    AILA Doc. No. 05072561.
  • BIA Denies Asylum Due to U.S. National Security(65 KB - 6/23/2005)
    The BIA denied asylum to the leader-in-exile of an 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." (Matter of A-H-, 1/26/05)
    AILA Doc. No. 05062342.
  • BIA Says Unauthorized Use of Motor Vehicle Is an Aggravated Felony(111 KB - 6/8/2005)
    The BIA ruled 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 a waiver under former INA 212(c) if convicted. (Matter of Brieva-Perez, 6/7/05)
    AILA Doc. No. 05060860.
  • BIA Says AOS Is an "Admission" for Purposes of Removal Due to CIMT Conviction(40 KB - 6/7/2005)
    The BIA held that a person convicted of a 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, which includes the date of adjustment to permanent resident status. (Matter of Shanu, 6/6/05)
    AILA Doc. No. 05060770.
  • BIA Recognizes Validity of Marriage Between Transsexual and Member of Opposite Sex(30 KB - 5/19/2005)
    The BIA held 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 and legality of the marriage. (Matter of Lovo-Lara, 5/18/05)
    AILA Doc. No. 05051961.
  • BIA Reinstates Same Voluntary Departure Time Granted By IJ at End of Removal Proceedings(35 KB - 5/12/2005)
    The BIA held that, absent reasons to do otherwise, where a respondent's asylum and withholding of removal appeals have been denied, it will reinstate the same voluntary departure period granted by the IJ at the end of removal proceedings. (Matter of A-M-, 5/9/05)
    AILA Doc. No. 05051242.
  • BIA on Eligibility for Custody Redetermination(24 KB - 5/6/2005)
    The BIA held 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. (Matter of X-K-, 5/4/05)
    AILA Doc. No. 05050660.
  • BIA Says Sexual Abuse of a Minor Bars 212(c) Relief(33 KB - 4/7/2005)
    The BIA held that a person found removable due to conviction for sexual abuse of a minor is ineligible for a 212(c) waiver 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, 4/6/05)
    AILA Doc. No. 05040764.
  • AG Finds Expunged Firearms Conviction Still Valid for Immigration Purposes(15 KB - 3/30/2005)
    The AG reversed and remanded to the BIA, finding that the expungement of a firearms conviction pursuant to California state law does not change the fact that the person is still "convicted" for immigration purposes. (Matter of Luviano-Rodriguez, 1/18/05)
    AILA Doc. No. 05033015.
  • AG Says Firearms Conviction Expunged by State Law Still Holds for Immigration Purposes(46 KB - 3/30/2005)
    Citing the INA’s definition of “conviction,” the AG ruled that a firearms conviction expunged under California law still renders the respondent removable. (Matter of Marroquin-Garcia, 1/18/05)
    AILA Doc. No. 05033013.
  • AG Remands Question of Finality of Decision to BIA(619 KB - 3/16/2005)
    The Attorney General remanded the case 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. (Matter of E-L-H, 12/1/04)
    AILA Doc. No. 05031661.
  • BIA Reaffirms Gabryelsky, Despite Changes to 212(c)(19 KB - 3/11/2005)
    The BIA held that a respondent may seek a 212(c) waiver in conjunction with an application for adjustment of status despite regulatory changes relating to the availability of section 212(c) relief. (Matter of Azurin, 3/9/05)
    AILA Doc. No. 05031167.
  • OCAHO on Meaning of "Falsely Make" Under INA 274C(a)(1) (2/28/1995)
    OCAHO held that based on case law, legislative history, and parallel criminal statutes, the term "falsely make," as used in INA 274C(a)(1), does not include the attestation by an employee to false information on an I-9. (USDOJ v. Remileh, 2/7/95)
    AILA Doc. No. 95022890.
  • Attorney General Remands Matter of R-A-(9 KB - 1/28/2005)
    The Attorney General remanded Matter of R-A- to the BIA "for reconsideration following publication of the proposed rule" on gender-based asylum. (Matter of R-A-, 1/19/05)
    AILA Doc. No. 05012862.
 
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