Category Archives: BIA

LPR Returning to U.S. Cannot Be Regarded as Seeking Admission and May Not Be Charged with Inadmissibility

Posted on June 22, 2015 by Mike Baker

Distinguishing Koloamatangi, the BIA holds that LPR returning to U.S. is not seeking an admission and may not be charged with inadmissibility under 8 USCA § 1182(a). In Matter of Pena, 26 I. & N. Dec. 613 (B.I.A. June 16, … Continue reading →

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

BIA reasserts the circumstance-specific inquiry on the phrase “a single offense involving possession for one’s own use of thirty grams or less of marijuana”

Posted on September 19, 2014 by Mike Baker

Matter of Jonet DOMINGUEZ-RODRIGUEZ, Respondent 26 I&N Dec. 408 (BIA 2014) Interim Decision #3814 Decided September 18, 2014 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeal For purposes of section 237(a)(2)(B)(i) of the Immigration and … Continue reading →

Posted in "possession for personal use”, a single offense involving possession for one’s own use of thirty grams or less of marijuana, BIA, BIA Precedent Decisions Volume 25, Board of Immigration Appeals, categorical approach, Deportation for Drug Crimes, Modified categorical approach, single offense | Leave a comment

CA7 finds alien’s continuous presence in the United States ends upon the service of a Notice to Appear on the alien, even if that notice is missing the date and time of the initial hearing.

Posted on July 22, 2014 by Mike Baker

An alien otherwise inadmissible can be eligible for cancellation of removal if, among other things, he establishes that he “has been physically present in the United States for a continuous period of at least ten (10) years immediately preceding the … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, BIA, Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Chicago Immigration Court, Stop-Time Rule | Leave a comment

CA7 upholds denial of non LPR Cancellation of Removal due to aggravated felony conviction for domestic battery

Posted on July 19, 2014 by Mike Baker

§ 1229b. Cancellation of removal; adjustment of status (a) Cancellation of removal for certain permanent residents. The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien– … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, BIA, Cancellation of Removal, CIMT, Crime involving moral turpitude, Domestic battery | Leave a comment

BIA Precedent Decisions Volume 25 (3643 – 3765)

Posted on February 7, 2014 by Mike Baker

A-S-J-, 25 I&N Dec. 893 (BIA 2012) ID 3765 (PDF) An Immigration Judge lacks jurisdiction to review the termination of an alien’s asylum status by the Department of Homeland Security pursuant to 8 C.F.R. § 208.24(a) (2007). C-B-, 25 I&N … Continue reading →

Posted in BIA, BIA Precedent Decisions, BIA Precedent Decisions Volume 25 | Leave a comment