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  • BIA Holds Child Cannot Rely on Parent’s Status and Residence to Establish Cancellation Eligibility(468 KB - 5/16/2013)
    The Board held that a parent’s LPR status and residence in the U.S. cannot be imputed to an unemancipated minor for purposes of establishing the child’s eligibility for cancellation of removal. Matter of Montoya-Silva, 26 I&N Dec. 123 (BIA 2013). AILA Doc. No. 13051649.
  • BIA Reverses IJ, Grants Cancellation of Removal(748 KB - 5/16/2013)
    In this unpublished decision, the Board found that the IJ did not properly consider evidence of the country conditions in Honduras, including the effects of Hurricane Mitch and the testimony of an expert witness. Courtesy of Thomas Fulghum. AILA Doc. No. 13051648.
  • BIA on the Effect of Dual Nationality on an Asylum Claim(469 KB - 5/7/2013)
    The Board held that an individual who is a citizen or national of more than one country, but has no fear of persecution in one of the those countries, does not qualify as a refugee under INA §101(a)(42). Matter of B-R-, 26 I&N Dec. 119 (BIA 2013). AILA Doc. No. 13050742.
  • BIA Reverses IJ on Severity of Past Persecution(613 KB - 5/1/2013)
    In an unpublished decision, the BIA held that the asylum applicant had compelling reasons for being unwilling to return to Liberia because of the severity of the persecution he suffered, despite a fundamental change in country circumstances. Courtesy of Stephen Meili. AILA Doc. No. 13050153.
  • BIA Finds IJ Cannot Deny Asylum Application Without Merits Hearings(2772 KB - 5/1/2013)
    In an unpublished decision, the BIA held that the IJ erred by requiring the asylum applicant to establish a prima facie asylum case in their written asylum application as a prerequisite to holding a hearing and remanded the case to the IJ. Courtesy of Patricia G. Mattos. AILA Doc. No. 13050152.
  • OCAHO Dismisses Complaint Due to Abandonment(65 KB - 4/26/2013)
    OCAHO dismissed complaint since respondent did not respond to request for hearing and Notice of Intent to Fine became the final order in the matter. DHS remains at liberty to continue its investigation. (U.S. v. Mitchell Greif, 4/18/13). AILA Doc. No. 13042501.
  • OCAHO Left Penalty Proposal Unaltered But Disagreed with ICE Reasoning(523 KB - 4/26/2013)
    OCAHO stated that the percentage of I-9s with violations relative to the total number of I-9s could not be used as a test of seriousness since that percentage was used to set the baseline penalty. (U.S. v. Modern Disposal, 3/28/13) AILA Doc. No. 13042661.
  • BIA Remands §245(i) Case, Finds Labor Certification Was “Approvable When Filed”(522 KB - 4/22/2013)
    The Board held that the labor certification filed by the respondent was “approvable when filed” for purposes of grandfathering under §245(i) because it was properly filed, non-frivolous, and meritorious in fact. Matter of Butt, 26 I&N Dec. 108 (BIA 2013) AILA Doc. No. 13042255.
  • Unpublished BIA Case Holds That Minors Accrue Unlawful Presence for Purposes of §212(a)(9)(C)(684 KB - 4/22/2013)
    In an unpublished case, the BIA held that unlawful presence accrues for the purposes of INA §212(a)(9)(C) during the time an individual spends in the U.S. while under the age of 18. AILA Doc. No. 13042252.
  • IJ Grants Humanitarian Asylum to Romanian Applicant(1447 KB - 4/1/2013)
    In this unpublished decision, the IJ granted humanitarian asylum pursuant to 8 C.F.R. §1208.13(b)(1)(iii)(B) based on the reasonable possibility that the applicant would suffer other serious harm in Romania. Courtesy of Russell R. Abrutyn. AILA Doc. No. 13040155.
  • OCAHO Finds That Missing and Defective I-9s Do Not Equal a Lack of Good Faith(529 KB - 3/27/2013)
    OCAHO reduced fines, finding that based on the respondent’s circumstances and resources, the proposed penalty was modified from being close to the maximum permissible fine, to an amount closer to the mid-range of possibilities. (U.S. v. Siam Thai, 3/18/13). AILA Doc. No. 13032754.
  • OCAHO Finds Failure to Complete Section 2 of I-9 a Substantive Violation(512 KB - 3/27/2013)
    OCAHO reduces fines, but finds that copying documents is not a satisfactory substitute for properly completing section 2 of an I-9 form and failure to properly complete the section 2 attestation remains a substantive violation. (U.S. v. Seven Elephants, 3/18/13) AILA Doc. No. 13032748.
  • OCAHO Reduces Fines As ICE Provided No Evidence of Bad Faith(479 KB - 3/19/2013)
    OCAHO reduced the fines, finding that a low rate of compliance may not be used to increase a penalty based upon the good faith criterion, and that while the violations are serious, they do not translate to a finding of bad faith. (U.S. v. El Azteca, 3/13/13) AILA Doc. No. 13031949.
  • OCAHO Dismisses Complaint Due to Untimely Filing(436 KB - 3/13/2013)
    OCAHO dismisses complaint as untimely filed, because even though the complainant sent a letter to OSC before the complaint forms were received, the filing of a letter is not a substitute for filing a formal complaint within the 90 day deadline. (Lopez v. Jung, 3/4/13) AILA Doc. No. 13031345.
  • OCAHO Reduces Fines Due to High Turnover Rate of Restaurant Industry(461 KB - 3/11/2013)
    OCAHO reduced the fine, finding that the assessment of the number of employees should focus on the number that actually worked at a particular time rather than the aggregate number of total employees/former employees. (U.S. v. MEMF, 3/1/13) AILA Doc. No. 13031157.
  • BIA Holds Unlawful Animal Fighting Conviction is CIMT(420 KB - 3/11/2013)
    The Board held that the respondent is not eligible for cancellation because his conviction for sponsoring or exhibiting an animal in an animal fighting venture is categorically a crime involving moral turpitude. Matter of Ortega-Lopez, 26 I&N Dec. 99 (BIA 2013). AILA Doc. No. 13031151.
  • DHS Briefs Filed With BIA on 212(c) Cases Post-Judulang(2370 KB - 3/8/2013)
    DHS supplemental briefs to the BIA in two cases, discussing the impact of Judulang on 212(c) cases and arguing that an LPR can only receive a 212(c) waiver where he or she was deportable at the time of a pre-IIRIRA conviction. AILA Doc. No. 13030843.
  • BIA Finds HIV Diagnosis Constitutes Changed Circumstances in Asylum Case(1633 KB - 3/4/2013)
    In an unpublished asylum case, the BIA reversed the IJ, finding that the respondent’s HIV diagnosis and subsequent AIDS diagnosis constituted changed circumstances for the purposes of the one-year filing deadline. Courtesy of Ashley Huebner. AILA Doc. No. 13030458.
  • BIA Upholds Exception To Filing Deadline in Asylum Case With 18-Year Filing Delay(657 KB - 3/4/2013)
    In an unpublished asylum case, the BIA held that the respondent met an exception to the one-year filing deadline to overcome an 18-year filing delay based on the respondent’s HIV-positive diagnosis and struggle to accept his sexuality. Courtesy of Ashley Huebner. AILA Doc. No. 13030457.
  • OCAHO Reduces Fines, Finding Company Meets Definition of Small Business(471 KB - 2/27/2013)
    OCAHO reduces fine to mid-range of permissible penalty, finding that a business does not need to be in danger of failing to be considered small. Further, the fact that it is profitable does not necessarily make it a large employer. (U.S. v. Fowler Equipment, 2/20/13) AILA Doc. No. 13022643.
  • BIA Reverses IJ on Exception to 1-Year Asylum Filing Deadline(307 KB - 2/15/2013)
    In an unpublished decision, the BIA held the respondent qualified for an exception to the 1-year filing deadline based on her mother’s later arrest by Chinese officials, noting that “changed personal circumstances may form the basis of an exception.” Courtesy of Alan Lee. AILA Doc. No. 13021525.
  • BIA Reverses IJ, Grants Cancellation of Removal(615 KB - 2/15/2013)
    In an unpublished decision, the BIA determined that the respondents were eligible for cancellation of removal in part because of the hardship to their USC daughter, who is an extremely talented dancer and would be unable to continue her career. Courtesy of Kevin Crabtree. AIAL Doc. No. 13021523.
  • OCAHO Dismisses Complaint Stating ICE Cannot Repudiate the Original Agreement(500 KB - 2/12/2013)
    OCAHO found that because the parties entered into a binding agreement, ICE is precluded from pursing this matter further, and the complaint must be dismissed, even though the original agreement did not include consent findings. (U.S. v. CA Mantel) AILA Doc. No. 13021255.
  • OCAHO States that Not All Violations are Equal(464 KB - 2/1/2013)
    OCAHO found that it is not appropriate to aggravate penalties for all violations across the board, as case law holds that the seriousness of a violation is evaluated on a continuum because not all violations are equally serious. (U.S. v Nebeker, Inc., 1/16/13) AILA Doc. No. 13020144.
  • OCAHO Increases Penalties for Knowing Hire Violation While Reducing Paperwork Violation Penalties(598 KB - 2/1/2013)
    OCAHO increased the penalties for knowing hire violations, stated that the knowing hire of an unauthorized alien is by definition not committed in good faith and are never less than extremely serious. (U.S. v Occupational Resource Mgmt., Inc., 1/23/13) AILA Doc. No. 13020143.
  • OCAHO States that Proportionality is Critical Factor in Setting Penalties(452 KB - 2/1/2013)
    OCAHO reduced penalties from $22,440 to $9,600 noting that penalties at or near the maximum permissible should be reserved for more egregious circumstances than poor rate of I-9 compliance absent other culpable conduct. (U.S. v La Hacienda Mexican Café, 1/24/13) AILA Doc. No. 13020140.
  • BIA on the U.N. Convention Against Transnational Organized Crime(438 KB - 1/31/2013)
    The Board found the respondent was statutorily barred from CAT relief, and held that the U.N. Convention Against Transnational Organized Crime does not provide an independent basis for relief in immigration proceedings. Matter of G-K-, 26 I&N Dec. 88 (BIA 2013). AILA Doc. No. 13013148.
  • OCAHO Reduces Penalties for “Mom and Pop” Business(486 KB - 1/23/2013)
    OCAHO reduced the penalties for the employer’s I-9 violations from $13,090 to $5,100, noting that the penalties requested by ICE appeared disproportionate to the size and character of the “mom and pop” business. (U.S. v. Taste of China, 1/10/13) AILA Doc. No. 13012353.
  • BIA Holds California Conviction for Indecent Exposure is CIMT(431 KB - 1/11/2013)
    The Board held that a conviction for indecent exposure under California Penal Code §314(1), which includes the element of lewd intent, is categorically a crime involving moral turpitude. Matter of Cortes Medina, 26 I&N Dec. 79 (BIA 2013). AILA Doc. No. 13011149.