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1997 - 1990

  • BIA on IIRIRA §309(c)(5) Transition Rule(540 KB - 12/30/1997)
    Over dissent, the BIA held that where the respondent was served with an OSC before date of IIRIRA’s enactment, service of the OSC terminated continuous physical presence rendering her ineligible for suspension under the transition rule. (Matter of N-J-B, 2/20/97; vacated by AG 7/10/97).
    AILA Doc. No. 97123056.
  • BIA on Definition of "Admission" and Fleuti Doctrine (12/18/1997)
    The BIA held that a returning LPR as described in INA §101(a)(13)(C)(i)-(vi) shall be regarded as "seeking admission" without regard to whether the LPR's departure might previously have been regarded as brief, casual, and innocent under the Fleuti doctrine. (Matter of Collado-Munoz, 12/18/97)
    AILA Doc. No. 97121857.
  • BIA on "Exceptional Circumstances" Exception to Failure to Voluntarily Depart (12/9/1997)
    The BIA held that neither a long-standing minor illness nor an allegation of serious illness to others establishes "exceptional circumstances" under INA §242B(f)(2) without evidence specifying how such circumstances resulted in the alien's failure to depart. (Matter of Ali, 12/9/97)
    AILA Doc. No. 97120959.
  • BIA Says "General Assertion" Is Not Enough to Reopen In Absentia Order (11/25/1997)
    The BIA held that an applicant's general assertion that he was prevented from reaching his hearing on time due to heavy traffic does not constitute reasonable cause that would warrant reopening his in absentia exclusion proceedings. (Matter of S-A-, 11/25/97)
    AILA Doc. No. 97112559.
  • BIA Upholds Decision to Deny Asylum and Withholding Due to Robbery Conviction (10/15/1997)
    The BIA dismissed the appeal of the IJ's denial of asylum and withholding, finding that the applicant's conviction for robbery with a deadly weapon was an aggravated felony and a particularly serious crime. (Matter of L-S-J-, 7/29/97)
    AILA Doc. No. 97101556.
  • BIA Says Evidence of Paternity Insufficient to Support Visa Petition Approval (10/15/1997)
    The BIA upheld the denial of a visa petition filed by the petitioner to grant the beneficiary preference status as the petitioner’s legitimated son under INA §203(a)(2), finding that the petitioner failed to establish paternity. (Matter of Bueno-Almonte, 9/24/97)
    AILA Doc. No. 97101558.
  • BIA Grants Remand in Adjustment of Status Case (10/15/1997)
    The BIA granted the respondent’s motion to remand the record to the immigration judge to apply for adjustment of status, even though the respondent failed to provide a completed Form I-485 with her motion. (Matter of Yewondwosen, 9/9/97)
    AILA Doc. No. 97101557.
  • BIA Rejects Untimely Motion to Reopen (7/31/1997)
    The BIA held that the respondent's untimely motion to reopen did not fall within the 8 CFR §3.2(c)(3)(ii) exception allowing for reopening out of time in order to apply for asylum based on changed country conditions. (Matter of J-J-, 7/31/97)
    AILA Doc. No. 97073159.
  • BIA Finds Accessory After the Fact Is an Aggravated Felony (7/15/1997)
    The BIA held that the offense of accessory after the fact to a drug-trafficking crime under 18 USC §3 is not deportable controlled substance offense but is an aggravated felony obstruction of justice crime under INA §101(a)(43)(S). (Matter of Batista-Hernandez, 7/15/97)
    AILA Doc. No. 97071559.
  • BIA on AEDPA Bar to 212(c) Relief (7/11/1997)
    The BIA held that AEDPA bars 212(c) relief for certain classes of lawful permanent residents with criminal convictions, even when applied for in conjunction with adjustment of status. (Matter of Gonzalez-Camarillo, 6/19/97)
    AILA Doc. No. 97071159.
  • BIA Rules Favorably in Spousal Abortion/Sterilization Asylum Case (7/3/1997)
    The BIA held that an asylum applicant whose spouse was forced to undergo an abortion or sterilization can establish past persecution and thus meet the definition of "refugee." (Matter of C-Y-Z-, 6/4/97)
    AILA Doc. No. 97070359.
  • BIA Says 212(c) Is Available in Exclusion Proceedings Post-AEDPA (5/30/1997)
    The BIA held that an applicant for admission in exclusion proceedings who is inadmissible for a controlled substance offense is statutorily eligible for 212(c) relief as amended by AEDPA. (Matter of Fuentes-Campos, 5/14/97)
    AILA Doc. No. 97053090.
  • BIA Finds IIRIRA Amendments to Smuggling Waiver Apply to Respondent (5/30/1997)
    The BIA held that because its prior decision was pending AG review on the date of enactment of IIRIRA's amendments, no final determination had been made and the amendments apply to the respondent. (Matter of Farias-Mendoza, 3/12/96; AG 3/28/97; On Remand 5/7/97)
    AILA Doc. No. 97053059.
  • BIA on IIRIRA's Changes to Definition of "Conviction" (5/6/1997)
    The BIA held that IIRIRA's changes to the definition of "conviction" applies to respondent’s pre-IIRIRA 1993 suspended sentence for an indeterminate term not to exceed 5 years and bars him from relief as an aggravated felon. (Matter of S-S-, 5/6/97)
    AILA Doc. No. 97050659.
  • AG on Retroactivity of AEDPA §440(d)(527 KB - 3/5/1997)
    The AG held that the bar to 212(c) relief applies to all applications pending on 4/24/96 but that aliens who conceded deportability in reliance on the availability of 212(c) relief before 4/24/96 may seek to reopen proceedings.(Matter of Soriano, 6/27/96; AG 3/21/97).
    AILA Doc. No. 97030559.
  • BIA Says 212(c) Is Available to Those in Exclusion Proceedings (2/26/1997)
    In an unpublished decision, the BIA held that under the plain language of AEDPA, applicants in exclusion proceedings can apply for relief from deportation under former INA section 212(c). (Matter of Oba, 2/7/97)
    AILA Doc. No. 97022659.
  • BIA on Post-AEDPA Aggravated Felony as a Particularly Serious Crime (12/23/1996)
    In evaluating an aggravated felony, the standard is whether there is any unusual aspect of the conviction that convincingly evidences that the crime cannot rationally be deemed "particularly serious" in light of Protocol obligations. (Matter of Q-T-M-T-, 12/23/96).
    AILA Doc. No. 96122359.
  • BIA Dismisses Appeal of 212(h) Waiver in Light of IIRIRA (12/11/1996)
    The BIA dismissed the appeal, noting that the respondent was clearly ineligible for a waiver under INA §212(h) as amended by IIRIRA, which was effective as of 9/30/96 and applies to aliens who were in proceedings as of that date. (Matter of Yeung, 11/27/96)
    AILA Doc. No. 96121159.
  • BIA Revisits Anderson Extreme Hardship Factors (8/15/1996)
    In granting suspension of deportation to a 24-year-old Nicaraguan who has lived in the U.S. since he was 13, the BIA engaged in a lengthy discussion of the factors to be weighed in the hardship determination. (Matter of O-J-O-, 6/14/96)
    AILA Doc. No. 96081559.
  • BIA Says Female Genital Mutilation Can Be the Basis for Asylum (7/1/1996)
    The BIA found that the respondent, a member of a social group consisting of young women of the Tchamba-Kunsuntu tribe in Togo, who have not had FGM and who oppose the practice, had a well-founded fear of persecution. (Matter of Kasinga, 6/13/96)
    AILA Doc. No. 96070159.
  • BIA Upholds Adjustment Grant under the Chinese Student Protection Act (7/16/1996)
    The BIA upheld the grant of adjustment of status under the CSPA where the applicant was statutorily ineligible at the time of filing but subsequently became eligible for adjustment with the passage of 245(i). (Matter of Li, 4/20/95)
    AILA Doc. No. 96071690.
  • BIA on Limitations of Non-Profit Recognition (3/9/1995)
    The BIA held that each office of an organization must seek recognition to practice and that recognition is not intended as a means for a private attorney or law firm to employ immigration counselors as an extension of the attorney's office. (Matter of Florida Rural Legal Services, 2/22/93)
    AILA Doc. No. 95030959.
  • BIA on "Nominal" Fees (3/7/1995)
    The BIA held that the applicant for recognition, whose charges for services could not be construed as "nominal," may not rely on the notion that its fees are substantially less than those charged by law firms. (Matter of American Paralegal Academy, 4/28/86)
    AILA Doc. No. 95030769.
  • BIA Sets Forth Criteria for Non-Profit Recognition (3/3/1995)
    The BIA found that an application for recognition under 8 CFR 292.2(a) should include detailed information regarding operations, staffing, availability of legal resource materials, and more. (Matter of Lutheran Ministries of Florida, 2/27/90)
    AILA Doc. No. 95030358.
  • BIA Says IJs Have Jurisdiction Over 245(i) Cases (12/7/1994)
    The BIA held that notwithstanding a clerical error in the redundant designation of section 245(i), immigration judges have jurisdiction to entertain applications for relief based on section 245(i). (Matter of Grinberg, 11/22/94)
    AILA Doc. No. 94120759.
  • BIA Acknowledges Homosexuality as Particular Social Group(437 KB - 3/12/1990)
    The BIA found that the respondent, a homosexual male from Cuba, established his membership in a particular social group and demonstrated that his freedom was threatened for purposes of withholding under former INA §243(h). (Matter of Toboso-Alfonso, 3/12/90)
    AILA Doc. No. 90031280.
 
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