Category Archives: BIA

Third Circuit partially overturns Matter of V-K-, 24 I&N Dec. 500 (BIA 2008)

Posted on April 12, 2010 by Mike Baker

 “We hold that the BIA erred in reviewing the finding of a probability of torture de novo; it was required to review the factual aspects of that inquiry for clear error, and it was entitled to review only the legal … Continue reading →

Posted in BIA, Board of Immigration Appeals, Matter of V-K | Leave a comment

Well-founded fear of persecution that respondents would be subject to forced sterilization

Posted on March 26, 2010 by Mike Baker

Matter of H-L-H- & Z-Y-Z-, 25 I&N Dec. 209 (BIA 2010)  U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Decided March 26, 2010 Whether an alien has presented sufficient evidence to establish a well-founded fear … Continue reading →

Posted in BIA, Board of Immigration Appeals | Leave a comment

BIA Holds that California Conviction for Infliction of Corporal Injury on Spouse Is Crime of Violence

Posted on March 26, 2010 by Mike Baker

The BIA held in Matter of Perez Ramirez, 25 I. & N. Dec. 203 (B.I.A. Mar. 17, 2010), that (1) where a criminal alien’s sentence has been modified to include a term of imprisonment following a violation of probation, the … Continue reading →

Posted in BIA, Board of Immigration Appeals, Domestic battery | Leave a comment

A postconviction sentence modification may be effective in avoiding a conviction for immigration purposes or to eliminate an aggravated-felony ground of deportability.

Posted on March 10, 2010 by Mike Baker

Where a criminal court vacated the 1-year prison sentence of an alien convicted of a theft offense and revised the sentence to 360 days of imprisonment, the alien does not have a conviction for an aggravated felony within the meaning … Continue reading →

Posted in BIA, Board of Immigration Appeals, postconviction sentence modification, sentence reduction | Leave a comment

Police Report that Had Been Incorporated into Guilty Plea Was Part of Record of Conviction

Posted on February 24, 2010 by Mike Baker

In applying the modified categorical approach to assess an alien’s conviction, it is proper to consider the contents of police reports as part of the record of conviction if they were specifically incorporated into the guilty plea or were admitted … Continue reading →

Posted in BIA, Board of Immigration Appeals | Leave a comment