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1998

  • Interim Decision (BIA) 3372 (12/29/1998)
    In making the discretionary determination on a waiver of deportability pursuant to section 241(a)(1)(H) of the INA, an Immigration Judge should consider the alien's initial fraud or misrepresentation in the overall assessment of positive and negative factors.
  • Interim Decision (BIA) 3371 (12/4/1998)
    The respondent is clearly precluded from section 212(h) relief because he was previously admitted to the U.S. as a lawful permanent resident.
  • Interim Decision (BIA) 3370 (11/18/1998)
    An alien convicted of an aggravated felony is subject to deportation regardless of the date of the conviction when the alien is placed in deportation proceedings on or after March 1, 1991, and the crime falls within the aggravated felony definition.
  • Interim Decision (BIA) 3369 (11/5/1998)
    The respondent appeals from the decision of an Immigration Judge dated July 1, 1996, finding that she did not satisfy the requirements for rescinding an in absentia deportation order. The appeal is sustained.
  • Interim Decision (BIA) 3368 (10/28/1998)
    The applicant, a native and citizen of Afghanistan, has appealed from the Immigration Judge's decision of July 10, 1995, denying him asylum and withholding of exclusion and deportation under sections 208 and 243(h) of the INA.
    AILA Doc. No. 98102870.
  • Interim Decision (BIA) 3367 (10/8/1998)
    After the respondents' period of voluntary departure had expired, the respondents filed a motion to reopen with the Immigration Judge, alleging that prior counsel wrongfully dissuaded them from applying for asylum and charging her with ineffective assistance of counsel. The appeal is dismissed.
  • Interim Decision (BIA) 3366 (9/24/1998)
    The respondent has filed both a motion to reopen his 1991 deportation proceedings and an appeal from his 1997 removal proceedings. The motion to reopen will be denied, and the appeal will be dismissed.
  • Interim Decision (BIA) 3365 (9/17/1998)
    The Board of Immigration Appeals lacks jurisdiction to adjudicate a claim for relief from deportation pursuant to Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
  • Interim Decision (BIA) 3364 (9/4/1998)
    The respondent appeals from the April 17, 1997, decision of the Immigration Judge finding him deportable as charged, as an aggravated felon convicted of attempted murder, and ineligible for relief from deportation. The appeal will be dismissed.
  • Interim Decision (AAU) 3362 (8/20/1998)
    Matter of HO, AAU Precedent decision on EB-5 Investors, July 31, 1998.
  • Interim Decision (AAU) 3361 (8/20/1998)
    Matter of Hsiung, AAU Precedent decision on EB-5 Investors, July 31, 1998.
  • Interim Decision (AAU) 3359 (8/13/1998)
    A petitioner under 203(b)(5) of the Immigration and Nationality Act cannot establish the requisite investment of capital if he lends the money to his new commercial enterprise.
  • Interim Decision (BIA) 3358 (8/19/1998)
    In re Emidia Elizabeth CASILLAS, Beneficiary of visa petition.
  • Interim Decision (BIA) 3357 (8/4/1998)
    Immigration Judge ordered the respondent deported in absentia after he failed to appear for his scheduled hearing. Respondent filed a motion to reopen, which was denied by the Immigration Judge.
  • Interim Decision (BIA) 3356 (8/4/1998)
    In a decision dated September 14, 1995, an Immigration Judge ordered the respondent deported in absentia after he failed to appear for his scheduled hearing.
  • Interim Decision (BIA) 3355 (7/20/1998)
    Interim Decision (BIA) in RE S-O-S-.
  • Interim Decision (BIA) 3354 (7/20/1998)
    Interim Decision (BIA) in RE G-A-C-.
  • Interim Decision (BIA) 3353 (7/14/1998)
    The Board held that the respondent's 1997 Motion to Reopen his 1987 in absentia deportation order was not time barred since Respondent received no notice of the deportation hearing.
  • Interim Decision (BIA) 3352 (7/7/1998)
    Due to a fundamental change in the definition of a 'refugee' brought about by IIRAIRA, the Board will allow reopening of proceedings to pursue asylum claims based on coerced population control policies, notwithstanding the time and number limitations on motions specified in 8 C.F.R. § 3.2 (1997).
  • Interim Decision (BIA) 3351 (6/12/1998)
    BIA Interim Decision 3351, in RE Kwun Yu Ma, Beneficiary of visa protection.
  • Interim Decision (BIA) 3350 (6/12/1998)
    BIA Interim Decision 3350, In RE B-A-S-.
  • Interim Decision (BIA) 3349 (6/12/1998)
    BIA Interim Decision 3349, In RE S-M-
  • Interim Decision (BIA) 3348 (6/12/1998)
    BIA Interim Decision 3348, In RE J-P-.
  • Interim Decision (BIA) 3347 (5/4/1998)
    In order to qualify as a 'legitimated' child, a child in Peru must have been under age 18 at the time the changes in Peruvian law regarding legitimation took effect, and "extramarital filiation" must have been established prior to the child's 18th birthday, unless legitimated under the former laws of that country.
  • Interim Decision (BIA) 3346 (4/2/1998)
    Interim Decision (BIA) 3346 RE O-Z- & I-Z- decided on April 2, 1998.
  • Interim Decision (BIA) 3345 (1/30/1998)
    Interim Decision (BIA) 3345 RE E-L-H- decided January 30, 1998.
  • Interim Decision (BIA) 3344 (3/25/1998)
    BIA Interim Decision 3344 decided March 25, 1998 in the Matter of Oseiwusu.
  • Interim Decision (BIA) 3343 (3/24/1998)
    Interim Decision (BIA) 3343 decided March 24, 1998, in the Matter of Lopez
  • Interim Decision (BIA) 3342 (2/12/1998)
    Interim Decision (BIA) 3342 decided February 12, 1998, in the Matter of C-V-T-.
  • Interim Decision (BIA) 3340 (3/18/1998)
    Interim Decision (BIA) 3340, decided March 18, 1998, in the matter of Fortiz-Zelaya.
  • Interim Decision (BIA) 3339 (3/13/1998)
    Interim Decision (BIA) 3339, decided March 13, 1998 in the matter of M-D-
  • Interim Decision (BIA) 3338 (2/20/1998)
    Interim Decision (BIA) 3338 decided February 20, 1998, RE A-E-M-
  • Interim Decision (BIA) 3337 (2/19/1998)
    Interim Decision (BIA) 3337 decided February 19, 1998, RE Y-B.
  • Interim Decision (BIA) 3336 (2/19/1998)
    Interim Decision (BIA) decided February 19, 1998, RE A-S-.
  • Interim Decision (BIA) 3335 (1/30/1998)
    An alien who has not previously been admitted to the United States as an alien lawfully admitted for permanent residence is statutorily eligible for a waiver of inadmissibility under section 212(h) despite his conviction for an aggravated felony.
  • BIA Interim Decision 3334 (1/8/1998)
    Mauritanian man denied appeal and deported. Evaluation of documentary evidence discussed.