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BIA on “Changed Circumstances” Related to Asylum Application Filing Delays(20 KB - 2/1/2010)
The particular circumstances related to delays in filing an asylum application must be evaluated to determine whether the application was filed “within a reasonable period given those ‘changed circumstances.’” Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010). AILA Doc. No. 10020162.
BIA Reaffirms Matter of Briones on Ineligibility for §245(i) Adjustment of Status(22 KB - 1/29/2010)
An alien who is inadmissible under INA §212(a)(9)(C)(i), is ineligible for adjustment of status under INA §245(i). Matter of Briones, 24 I&N Dec. 355 (BIA 2007) reaffirmed. Matter Diaz and Lopez, 25 I&N Dec. 188 (BIA 2010). AILA Doc. No. 10012968.
BIA on Stepparent Qualification as “Parent” to Establish Hardship under INA §240A(b)(1)(D)(204 KB - 1/27/2010)
A stepparent who qualifies as a “parent” under INA §101(b)(2), at time of proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under INA. Matter of Morales, 25 I&N Dec. 186 (BIA 2010). AILA Doc. No. 10012764.
BIA Finds Death of Petitioning Spouse in Conditional Period Excuses I-751 Joint Filing Requirement(22 KB - 1/26/2010)
A conditional permanent resident seeking to remove conditional basis of status, who timely filed petition and appeared for interview, doesn’t need separate hardship waiver if petitioning spouse died in 2-year conditional period. Matter of Rose, 25 I&N Dec. 181 (BIA 2010). AILA Doc. No. 10012671.
BIA Vacates Matter of Perez-Vargas; Finds IJs Have Jurisdiction Over §204(j) Portability Decisions(42 KB - 1/21/2010)
BIA held that IJs can decide if an I-140 petition remains valid under INA §204(j) after the beneficiary changes jobs or employers. BIA adopted arguments of AIC, argued in an amicus brief signed by AILA, and the parties. Matter of Neto, 25 I&N Dec. 129 (BIA 2010).
BIA on Advisals Required Upon Granting Voluntary Departure and Proof of Posting Bond(23 KB - 1/14/2010)
BIA remanded for IJ to grant a new period of voluntary departure and to provide required advisals, where the IJ did not provide all advisals required upon granting voluntary departure and respondent failed to submit timely proof to BIA that voluntary departure bond had been posted. Matter of Gamero, 25 I&N Dec. 164 (BIA 2010). AILA Doc. No. 10011461.
BIA on the Rebuttable Presumption of Reciprocal Disciplinary Sanctions(29 KB - 1/8/2010)
The BIA found that where the respondent was disbarred in New York and he failed to rebut the presumption that reciprocal discipline should be imposed, his suspension from practice before the BIA, the Immigration Courts, and the DHS for 7 years was an appropriate sanction. Matter of Kronegold, 25 I&N Dec. 157 (BIA 2010). AILA Doc. No. 10010862.

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