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2004 - 2003

  • AG Denies Request for Review of Matter of C-Y-Z-(32 KB - 12/20/2004)
    The Attorney General denied the INS Commissioner’s request for review of Matter of C-Y-Z- which held that an asylum applicant whose spouse was forced to undergo an abortion or sterilization can establish past persecution. (Matter of C-Y-Z-, 12/1/04)
    AILA Doc. No. 04122067.
  • BIA Says "Violation" Does Not Equate to a "Conviction"(31 KB - 10/21/2004)
    The BIA held that an alien found guilty of a "violation" under Oregon law does not have a "conviction" for immigration purposes under INA 101(a)(48)(A). (Matter of Eslamizar, 10/19/04)
    AILA Doc. No. 04102115.
  • BIA Upholds Denial of Adjustment for Failure to Maintain Status(28 KB - 10/5/2004)
    The BIA found that failure to maintain status was not "for technical reasons" where an asylum application was filed while respondent was in nonimmigrant status, nonimmigrant status expired, and asylum was referred to an IJ prior to filing for adjustment of status. (Matter of L-K-, 9/30/04)
    AILA Doc. No. 04100573.
  • BIA Recognizes Validity of Post-Operative Transsexual Marriage(1641 KB - 9/28/2004)
    In an unpublished decision, the BIA found that the beneficiary who completed male-to-female sexual conversion surgery and married a male, is in an opposite-sex marriage for purposes of of the Defense of Marriage Act. Courtesy of Jose Monge.
    AILA Doc. No. 04092760.
  • BIA Finds Charging Document In Prior Proceeding Does Not End Physical Presence(30 KB - 9/13/2004)
    The BIA found that an alien who departed the U.S. after being served with a charging document can seek cancellation in a subsequent removal proceeding, based on a new period of continuous physical presence measured from the date of his return to the U.S. (Matter of Cisneros-Gonzalez, 9/1/04)
    AILA Doc. No. 04091374.
  • BIA Affirms Grant of Asylee Adjustment and Waiver of Inadmissibility (6/24/2004)
    The BIA rejected DHS's appeal, finding that EOIR has original and exclusive jurisdiction over an asylee adjustment and accompanying §209(c) waiver and that termination of a grant of asylum is not mandatory where §§209(b) and 209(c) relief is available. (Matter of K-A-, 7/23/04)
    AILA Doc. No. 04062462.
  • BIA Says Stalking Is a Crime of Violence(19 KB - 3/18/2004)
    The BIA held that a stalking offense in violation of Ca. Penal Code §646.9(b), which proscribes stalking when there is a TRO, injunction, or other court order in effect, is an aggravated felony crime of violence under INA §101(a)(43)(F). (Matter of Malta, 3/11/04)
    AILA Doc. No. 04031164.
  • AG Reverses BIA Affirmance Without Opinion(316 KB - 3/11/2004)
    In an unpublished decision, the Attorney General reversed the BIA's affirmance without opinion and granted asylum to a Lebanese Christian who had previously assisted the U.S. Marines in Lebanon. Courtesy of Tim Wichmer.
    AILA Doc. No. 04031162.
  • BIA Says Petty Offense Does Not Bar Cancellation of Removal(26 KB - 5/12/2003)
    The BIA held respondent, who was convicted of a CIMT that qualifies as a petty offense, was not rendered ineligible for cancellation of removal under INA §240A(b)(1) by either his conviction or his commission of another offense that is not a CIMT. (Matter of Garcia-Hernandez, 5/8/03)
    AILA Doc. No. 03051243.
  • BIA Says Oath of Allegiance on Natz Application Does Not Confer U.S. Nationality(17 KB - 4/30/2003)
    The BIA held that where the applicant's application for naturalization was denied, U.S. nationality cannot be acquired simply by applying for naturalization and taking the oath of allegiance. (Matter of Navas-Acosta, 4/29/03)
    AILA Doc. No. 03043042.
  • AG on Evidence in Bond Proceedings(46 KB - 4/24/2003)
    The Attorney General held that in bond proceedings, the IJ and the BIA must consider evidence from Executive sources that the alien's release would serve to stimulate mass migration and threaten national security. (Matter of D-J-, 4/17/03)
    AILA Doc. No. 03042440.
  • BIA Upholds Right To Effective Assistance Counsel in Removal Proceedings(67 KB - 2/12/2003)
    The BIA upheld Matter of Lozada and adopted AILF's argument that the BIA must follow the courts of appeal, which have uniformly recognized a due process right to effective assistance of counsel. (Matter of Assaad, 2/12/03)
    AILA Doc. No. 03021241.
  • Man Loses Bid to Remain in the U.S. After Committing Bigamy to Acquire LPR Status (1/9/2003)
    The BIA held that an alien who acquires LPR status through fraud or misrepresentation has never been “lawfully admitted for permanent residence” and is ineligible for cancellation of removal. (Matter of Koloamatangi, 1/8/03)
    AILA Doc. No. 03010943.
  • BIA Reaffirms That First Degree Manslaughter Is an Aggravated Felony(20 KB - 2/6/2004)
    The BIA reaffirmed its decision that manslaughter in the first degree in violation of New York Penal Law 125.20 is a crime of violence and is therefore an aggravated felony under INA §101(a)(43)(F). (Matter of Vargas-Sarmiento, 2/5/04)
    AILA Doc. No. 04020640.
  • BIA Expels Attorney from Practice After Repeated Acts of Misconduct(21 KB - 9/29/2003)
    The BIA held that where the respondent was disbarred by the Supreme Court of California based on egregious and repeated acts of misconduct, expulsion from practice before the BIA, the immigration courts, and DHS was appropriate. (Matter of Gadda, 9/25/03)
    AILA Doc. No. 03092910.
  • BIA Denies Discretionary Relief for Breaching Protective Order(53 KB - 8/4/2003)
    The BIA held that Respondent is ineligible for any relief except for bond, because a protective order was violated by disclosure of information to unauthorized persons and that there are reasonable grounds for regarding Respondent as a danger to U.S. security. (Matter of R-S-H-, 8/4/03)
    AILA Doc. No. 03080445.
  • BIA Says Presidential or Gubernatorial Pardon Waives Only 237(a)(2)(A)(v) Grounds(12 KB - 7/3/2003)
    The BIA held that a presidential or gubernatorial pardon waives only grounds specified in INA §237(a)(2)(A)(v), and that the pardon did not waive removability for a crime under INA §237(a)(2)(E)(i). (Matter of Suh, 7/1/03)
    AILA Doc. No. 03070315.
  • BIA Holds Quashed Drug Conviction Still Valid for Immigration Purposes(21 KB - 6/11/2003)
    The BIA held that a drug conviction that was quashed by a Canadian court solely for immigration purposes was not based on a defect in the conviction or in the underlying proceedings and was therefore, still valid for immigration purposes. (Matter of Pickering, 6/11/03)
    AILA Doc. No. 03061145.
  • BIA Finds Past Persecution Based on Forced Sterilization(68 KB - 5/23/2003)
    The BIA held that neither the passage of time since the sterilization of respondent’s wife, nor the lack of enforcement of coercive family planning, is a “fundamental change” in respondent’s personal circumstances to deny asylum under 8 CFR §1208.13(b)(1)(ii). (Matter of Y-T-L-, 5/22/03)
    AILA Doc. No. 03052342.
 
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