Matter of Calcano de Millan, 26 I&N Dec. 904 (BIA 2017) - For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a...
Rivas Rodriguez v. Atty. Gen., Dec. 19, 2016 - "Raul Rivas Rodriguez (“Rivas”) petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an order of the Immigration Judge (“IJ”) denying his motion to terminate...
Mario R. Urizar writes: "We asked for a three panel member decision and oral argument to review INA 212(c) eligibility under Matter of Abdelghany as it applies to individuals with convictions after trial. Specifically, under the ineligibility language of IMMACT90...
"The petitioner, a Mexican citizen, entered a guilty plea to the misdemeanor charge of patronizing prostitution and was granted judicial diversion. After successfully completing his diversion, the petitioner’s criminal record was expunged. More than three...
"We are therefore convinced that the principle announced and held in Ozkok – that “a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted or waived” – is “is...
(1) A grant of asylum is not an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2006). (2) When termination of an alien’s asylum status occurs in conjunction with removal proceedings...
"A lawyer's immigration fraud conviction has been vacated because of the trial judge's "intentional, unjustified" closure of the courtroom to the public during the entirety of voir dire. In an unusual move, the original panel at the U.S...
"Plaintiff Jay Marsh, a United States citizen, sued the Department of Homeland Security (DHS) because it did not issue a visa or a waiver to his wife, Shiho Takeda, to permit her to enter the United States. ... The basis for the denial was Takeda's 1995...
Matter of Cuellar-Gomez, ID 3760, 25 I&N Dec. 850 (BIA 2012) - (1) A formal judgment of guilt of an alien entered by a municipal court is a “conviction” under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2006), if...
Majority - "Every circuit that has given a reasoned opinion on the interpretation of “conviction” in 8 U.S.C. § 1101(a)(48)(A) has reached the same conclusion as the panel does here, namely, that “[t]he term ‘conviction’ means, with respect to an alien, a...
"We ... hold that because Phan’s 2002 conviction was set aside on rehabilitative grounds, USCIS properly considered it when passing on Phan’s application for naturalization. In 2002, Phan was convicted by a jury in D.C. Superior Court of distribution of cocaine...
Matter of J. R. VELASQUEZ, ID 3739, 25 I&N Dec. 680 (BIA 2012) - (1) The documents listed in section 240(c)(3)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(c)(3)(B) (2006), and 8 C.F.R. § 1003.41(a) (2011) are admissible as evidence of a criminal...