Cite as 27 I&N Dec. 219 (BIA 2018) Interim Decision #3916 219 Matter of Tomas MENDEZ, Respondent Decided February 23, 2018 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Misprision of felony in violation of 18 U.S.C. § 4 (2006) is categorically a crime involving […]
Cite as 27 I&N Dec. 211 (BIA 2018) Interim Decision #3915 211 Matter of J-C-H-F-, Respondent Decided February 20, 2018 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals When deciding whether to consider a border or airport interview in making a credibility determination, an Immigration […]
Cite as 27 I&N Dec. 207 (BIA 2018) Interim Decision #3914 207 Matter of Egidijus SINIAUSKAS, Respondent Decided February 2, 2018 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) In deciding whether to set a bond, an Immigration Judge should consider the nature and […]
194 Matter of Rosalina CASTILLO ANGULO, Respondent Decided January 29, 2018 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) In removal proceedings arising within the jurisdiction of the United States Courts of Appeals for the Fifth and Ninth Circuits, an alien who was “waved […]
Cite as 27 I&N Dec. 189 (BIA 2018) Interim Decision #3912 Matter of W-Y-C- & H-O-B-, Respondents Decided January 19, 2018 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) An applicant seeking asylum or withholding of removal based on membership in a particular […]
Whether a violation of a protection order renders an alien removable under section 237(a)(2)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(ii) (2012), is not governed by the categorical approach, even if a conviction underlies the charge; instead, an Immigration Judge should consider the probative and reliable evidence […]
An Immigration Judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to the Department of Homeland Security in the first instance. Cite as 27 I&N Dec. 168 (BIA 2017) Interim Decision #3908 168 Matter of J-A-B- & […]
Matter of TAVDIDISHVILI, 27 I&N Dec. 142 (BIA 2017) Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state. Cite as 27 I&N Dec. […]
Matter of KEELEY, 27 I&N Dec. 146 (BIA 2017) (1) The term “rape” in section 101(a)(43)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(A) (2012), encompasses an act of vaginal, anal, or oral intercourse, or digital or mechanical penetration, no matter how slight. Perez-Gonzalez v. Holder, 667 F.3d 622 […]
An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2012), if he or she was inspected, admitted, and physically entered the country as a lawful […]