Category Archives: BIA

BIA Finds Municipal Court Judgment in Genuine Criminal Proceedings Is a “Conviction” and Marijuana Possession After Such a Conviction Is an Aggravated Felony: Matter of Cuellar-Gomez

Posted on August 2, 2012 by Mike Baker

The Board of Immigration Appeals (BIA or Board) in Matter of Cuellar-Gomez, 25 I. & N. Dec. 850 (B.I.A. July 18, 2012), held that (1) a formal judgment of guilt of an alien entered by a municipal court is a … Continue reading →

Posted in Aggravated felony, BIA, Board of Immigration Appeals, Deportation for Drug Crimes, Marijuana Possession, What is conviction for immigration purposes, “single offense involving possession for one's own use of thirty grams or less of marijuana.” | Leave a comment

USCIS Issues Precedent Appeals Decision on P-3 Nonimmigrant Visa Petition: 25 I&N Dec. 799 (AAO 2012) Matter of SKIRBALL CULTURAL CENTER

Posted on May 18, 2012 by Mike Baker

Issuance Based on 2009 Petition by Los Angeles-based Skirball Cultural Center (1) Congress did not define the term “culturally unique,” as used in section 101(a)(15)(P)(iii) of the Immigration and NationalityAct, 8U.S.C. § 1101(a)(15)(P)(iii) (2006), leaving reasonable construction of that term … Continue reading →

Posted in "culturally unique”, AAO, BIA, Board of Immigration Appeals, DHS/AAO/Commissioner Decisions, P visa, Skirball Cultural Center | Tagged | Leave a comment

212(h) discretionary waiver: Matter of E. W. Rodriguez, 25 I&N Dec. 784 (BIA 2012) Interim Decision #3749

Posted on May 4, 2012 by Mike Baker

(1) In removal proceedings arising within the jurisdictions of the United States Courts of Appeals for the Fourth, Fifth, and Eleventh Circuits, an aggravated felony conviction disqualifies an alien from relief under section 212(h) of the Immigration and Nationality Act, … Continue reading →

Posted in 212(h), 212(h) waiver, Aggravated felony, BIA, Board of Immigration Appeals | Tagged | Leave a comment

A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective

Posted on March 18, 2012 by Mike Baker

ABSTRACT: The purpose of this Article is to provide a basic overview of a body of law that has been compared as second only to tax law in its complexity.  Our goal is to highlight the major areas where criminal laws … Continue reading →

Posted in Aggravated felony, AGGRAVATED FELONY CASE SUMMARY, BIA, CIMT, Citizenship, Crime involving moral turpitude, Immigration law | Tagged | Comments Off on A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective

Administrative closure of proceedings. Unauthenticated Document Cannot Be Used as Evidence of Criminal Conviction

Posted on February 3, 2012 by Mike Baker

Matter of AVETISYAN, 25 I&N Dec. 688 (BIA 2012) (1) Pursuant to the authority delegated by the Attorney General and the responsibility to exercise that authority with independent judgment and discretion, the Immigration Judges and the Board may administratively close … Continue reading →

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