Tag: Case Law
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Choice of Law
In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023) the Board of Immigration Appeals (BIA) held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies. A year later the Board clarified this further in Matter of M-N-I-, 28 I&N Dec. 803…
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SCOTUS Limits Ability To Reopen & Rescind In Absentia Removal Orders
The Supreme Court issued a decision limiting the ability of noncitizens to reopen and rescind in absentia orders of removal issued against them in their June 14, 2024 decision, Campos-Chaves v Garland, 602 U.S. ___ (2024). The relevant portions of the Court’s decision are quoted below. You can read the entire decision at the Supreme Court’s Website.…
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Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023)
Given the significance of a respondent’s interest in securing review of a denial of a petition to remove the conditions on permanent residence, an Immigration Judge should ordinarily review the denial of a Form I-751 upon the request of the respondent. [Full Decision] Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023) At…
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Respondent With A Pending Appeal of a Criminal Conviction Does Not Have a Criminal Conviction
The Board of Immigration Appeals published a decision holding that when a respondent has a pending appeal under section 460.30 of the New York Criminal Procedure Law the criminal conviction his not yet final and therefore the respondent has not been “convicted” as defined by INA §1101(a)(48)(A). Matter of Brathwaite Matter of Brathwaite, 28 I&N…
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When Is A Government “Unable or Unwilling” To Protect Someone
When is a Government “unable or unwilling” to protect? The Board of Immigration Appeals (BIA), issued a precedential decision on asylum law, providing more guidance on how asylum applicants can meet the requirements of showing that a government is “unable or unwilling” to protect them from harm by private actors. Matter of C-G-T-, 28 I&N…
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Important Update on Deferred Action for Childhood Arrivals
On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all…
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UNLAWFUL PRESENCE BARS CAN RUN IN THE US, BIA & USCIS AFFIRM
UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US.…
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BIA Addresses Choice of Law
Matter of Jose Antonio GARCIA, 28 I&N Dec. 693 (BIA 2023) Decided March 24, 2023 In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023). In this precedential decision, the BIA held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies. For…
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