Category Archives: BIA

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 →

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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 →

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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 →

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EOIR Immigration Law Advisor

Posted on February 7, 2010 by Mike Baker

EOIR Virtual Law Library – AG/BIA Precedent Decisions EOIR has published a monthly internal legal newsletter, the Immigration Law Advisor, since January 2007 summarizing new developments in immigration law. The Immigration Law Advisor includes a feature article about an issue … Continue reading →

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Matter of Maria del Carmen MARTINEZ-SERRANO

Posted on December 9, 2009 by Mike Baker

(1) An alien’s conviction for aiding and abetting other aliens to evade and elude examination and inspection by immigration officers in violation of 18 U.S.C. § 2(a) (2006) and 8 U.S.C. § 1325(a)(2) (2006) establishes that the convicted alien is … Continue reading →

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