Cite as 26 I&N Dec. 797 (BIA 2016) Interim Decision #3870 797 Matter of Safraz KHAN, Respondent Decided September 8, 2016 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under […]
Cite as 26 I&N Dec. 796 (A.G. 2016) Interim Decision #3869 Matter of Martin CHAIREZ-Castrejon, Respondent Matter of Vera SAMA, Respondent Decided by Attorney General September 6, 2016 U.S. Department of Justice Office of the Attorney General The Attorney General lifted the stay and remanded these cases to the Board […]
Cite as 26 I&N Dec. 791 (BIA 2016) Interim Decision #3868 791 Matter of Hussam FATAHI, Respondent Decided August 3, 2016 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals In determining whether an alien presents a danger to the community at large and thus should […]
Cite as 26 I&N Dec. 779 (BIA 2016) Interim Decision #3867 779 Matter of Keon RICHMOND, Respondent Decided July 28, 2016 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) A false claim to United States citizenship falls within the scope of section 212(a)(6)(C)(ii)(I) of […]
In cases involving issues of mental competency, an Immigration Judge has the discretion to select and implement appropriate safeguards, which the Board of Immigration Appeals reviews de novo. Cite as 26 I&N Dec. 773 (BIA 2016) Interim Decision #3866 773 Matter of M-J-K-, Respondent Decided June 29, 2016 U.S. Department […]
Matter of GOMEZ-BELTRAN, 26 I&N Dec. 765 (BIA 2016) An alien cannot establish good moral character under section 101(f)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1101(f)(6) (2012), if, during the period for which it is required, he or she gives false testimony under oath in proceedings before […]
The “material support bar” in section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(3)(B)(iv)(VI) (2012), does not include an implied exception for an alien who has provided material support to a terrorist organization under duress. Cite as 26 I&N Dec. 757 (BIA 2016) Interim Decision #3864 Matter of […]
An “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(Q) (2012), if the underlying offense was “punishable by” imprisonment for a term of 5 years or more, regardless of […]
Matter of ADENIYE, 26 I&N Dec. 726 (BIA 2016) An “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(Q) (2012), if the underlying offense was “punishable by” imprisonment […]
Matter of VILLALOBOS, 26 I&N Dec. 719 (BIA 2016) (1) Although the Department of Homeland Security has exclusive jurisdiction over applications for adjustment of status under the legalization provisions of section 245A of the Immigration and Nationality Act, 8 U.S.C. § 1255a (2012), the Immigration Judges and the Board of […]