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1997 - 1990

  • Matter of N-J-B- (12/30/1997)
    Full text of Matter of N-J-B.
  • Interim Decision (BIA) 3333 (12/18/1997)
    BIA Interim Decision 3333, December 18, 1997
  • Interim Decision (BIA) 3332 (12/9/1997)
    BIA Interim Decision 3332, December 9, 1997
  • Interim Decision (BIA) 3331 (11/25/1997)
    BIA Interim Decision 3331, November 25, 1997
  • Robbery Conviction Bars Asylum Claim (10/15/1997)
    On July 29, 1997, the Board of Immigration Appeals dismissed an appeal by an applicant seeking asylum and withholding of deportation in the case of In re L-S-J, Int. Dec. 3322 (BIA 1997), upholding the exclusion and deportation order issued by the Immigration Judge in the case because of the applicant conviction for robbery with a deadly weapon. Full text of case attached.
  • Child Defined in INA Sec. 203(a)(2) Cases (10/15/1997)
    The BIA (BIA 3328) upheld the denial of a visa petition filed by the petitioner to grant the beneficiary preference status as the petitioner’s legitimated son under Sec. 203(a)(2) of the INA, ruling that petitioner did not prove paternity.
  • Interim Decision (BIA) 3327 (10/15/1997)
    In the case of In re Yewondwosen, Int. Dec. 3327 (BIA 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.
  • Interim Decision (BIA) 3323 (7/31/1997)
    BIA Interim Decision 3323, July 7, 1997.
  • BIA Rules on Convictions for Inchoate Crimes (7/28/1997)
    The BIA held that the inchoate crime of accessory after the fact does not relate to the underlying substantive conviction, and therefore ruled that the respondent was not deportable for the charge of controlled substance violation. On aggravated felony grounds, the BIA ruled the respondent deportable.
  • Interim Decision (BIA) 3321 (7/15/1997)
    In a decision dated April 19, 1995, the Immigration Judge found the respondent deportable as charged and certified the case to this Board pursuant. The decision of the IJ will be reversed in part and affirmed in part.
  • BIA on AEDPA and 212(c) (7/11/1997)
    Matter of Leoncio Crisoforo Gonzalez-Camarillo, Interim Decision 3320 (BIA 1997). AEDPA bars 212(c) relief for certain classes of legal permanent residents with criminal convictions, even when applied for in conjunction with Adjustment of Status Applications.
  • BIA Rules Gun Conviction Not Deportable (7/11/1997)
    A recent BIA decision determined that a particular gun conviction does not fall within the enumerated list of deportable gun offenses under the INA.
  • AG Vacates N-J-B- (7/10/1997)
    Attorney General Janet Reno’s Order Vacating Matter of N-J-B-.
  • BIA Rules Favorably in Spousal Abortion/Sterilization Asylum Case. (7/3/1997)
    In Matter of C-Y-Z-, Interim Decision 3319 (BIA 1997), an asylum applicant whose spouse was forced to undergo an abortion or sterilization can establish past persecution and thus qualify as a refugee.
  • 212(c) Available in Exclusion (5/30/1997)
    An applicant for admission in exclusion proceedings who is inadmissible on the basis of a controlled substance offense is statutorily eligible for a waiver of inadmissibility under section 212(c) of the INA.
    AILA Doc. No. 97053090.
  • Smuggling Waiver Requires Relationship (5/30/1997)
    Smuggling waiver requires familial relationship at time smuggling occurs. Amendments to smuggling waiver under IIRAIRA apply to any case where no final determination has been made.
  • BIA on "Imposition of Sentence" (5/6/1997)
    In re S-S-, Interim Decision 3317 (May 6, 1997): BIA rules on IIRAIRA provision which overturns administrative precedent holding that a sentence is not actually imposed when a court suspends imposition of the sentence.
  • Interim Decision (BIA) 3289 (3/5/1997)
    Deportation Precedings, Matter of Soriano, BIA Int. Dec. No. 3289 (1996).
  • Attorney General Issues Soriano Decision (3/1/1997)
    The following is a summary of the Attorney General’s decision in Matter of Soriano, BIA Int. Dec. No. 3289, by AILA Intern Andrew Balazsy.
    AILA Doc. No. 97030190.
  • BIA Applies IIRAIRA 309(c)(5) Retroactively (2/27/1997)
    A virtually deadlocked Board of Immigration Appeals (BIA), in a seven to five En Banc decision struck a blow to applicants for suspension of deportation who did not meet continuous physical presence requirement prior to the issuance of an Order to Show Cause.
  • BIA holds those in Exclusion Eligible for 212(c) (2/26/1997)
    In an unpublished decision dated February 7, 1997, the Board of Immigration Appeals held that according to the plain language of the Anti-terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), applicants in exclusion proceedings can apply for relief from deportation under Section 212(c) of the Immigration and Nationality Act ("INA").
  • BIA Speaks on Suspension, Presence (2/21/1997)
    BIA speaks on suspension, presence.
  • Interim Decision (BIA) 3000 (12/23/1996)
    Aggravated felony in the matter of Q-T-M-T-.
  • Interim Decision (BIA) 3297 (12/11/1996)
    Aggravated Felony and ineligibility for waiver.
  • Extreme Hardship (8/15/1996)
    Case involving 'extreme hardship' under Section 244(a)(1). (In re: O-J-O-)
  • Interim Decision (BIA) 3278 (7/1/1996)
    Board finds that the practice of female genital mutilation can be the basis for a grant of asylum under section 208.
  • Re Zhen An Li (7/16/1996)
    In a decision dated April 20, 1995, the Immigration Judge found the respondent deportable as charged but granted his application for adjustment of status under the Chinese Student Protection Act (CSPA) and section 245(I) of the Immigration and Nationality Act, 8 U.S.C. & 1255 (I). The Immigration and Naturalization Service has appealed. The appeal will be dismissed.
    AILA Doc. No. 96071690.
  • Soriano Dissenting Opinion (7/1/1996)
    Dissenting opinion of dismissal of appeal by Bartolone Soriano.
  • Matter of Soriano Dissent (7/1/1996)
    Concurring/Dissenting opinion in appeal by Bartolome Soriano.
  • Soriano Deportation Proceedings (6/28/1996)
    Deportation proceedings of Bortolome Soricano.
    AILA Doc. No. 96062890.
  • Retroactivity under BIA 3289 (6/28/1996)
    The BIA issued a decision on Thursday, June 27 in response to a major AEDPA question - the effective date and 'retroactivity' of 212(c) relief. It is In re Soriano, Int. Dec. 3289.
  • BIA Finds Persecution in Nigeria (12/6/1995)
    BIA reverses IJ decision and grants asylum to Nigerian.
  • Matter of Florida Rural Legal Services, Inc. (3/9/1995)
    BIA Decision - ID 3196. Each separate office of anorganization must seek recognition to practice. Recognition of an organization is not intended as a means for a private attorney or law firm to employ immigration counselors as an extension of the attorney's or law firm's office.
  • American Paralegal Academy INC 19I&N 386 (3/7/1995)
    1986 BIA decision - I&N Dec. 386 - discusses therequirement that organizations may charge ONLY nominal fees. $350 was found NOT to be a nominal fee. (Courtesy of )
  • Matter of Lutheran Ministries of Florida - ID 31 (3/3/1995)
    BIA decision setting forth the requirements for organizations to apply for and obtain recognition to practice.
  • Interim Decision (BIA) 3235 (12/7/1994)
    BIA Decision Clarifies AO Section 245(i).
  • Two BIA Cases Summaries (6/30/1994)
    Case summaries, from Jane Kochman at the AILF Legal Action Center.
  • Reno Designates Gay Asylum Precedent (6/23/1994)
    In the following June 16, 1994, memo, U.S. Attorney General Janet Reno designated as precedent the Board of Immigration Appeals decision In Re Fidel Armando Toboso-Alfonso, which granted asylum to a gay man on the basis of persecution because of membership in a social group.
  • 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.
    AILA Doc. No. 90031280.