Category Archives: BIA

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 →

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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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When Two or More CIMTs Arise Out of a Single Scheme: Matter of Islam

Posted on November 23, 2011 by Mike Baker

The Board of Immigration Appeals (BIA or Board) held in Matter of Islam, 25 I. & N. Dec. 637 (B.I.A. Nov. 18, 2011), that (1) in determining whether an alien’s convictions for two or more crimes involving moral turpitude (CIMTs) … Continue reading →

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BIA PRECEDENT TABLE-Revised 08-12-2011

Posted on November 7, 2011 by Mike Baker

Compiles head-notes from BIA precedent cases published in volumes 21, 22, 23, 24 and 25 of the Administrative Decisions under the Immigration and Nationality Laws of the United States, organized by topic. As such, it includes all BIA cases published … Continue reading →

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