Category Archives: BIA

BIA Finds California Assault with Intent to Commit a Felony Is a Crime of Violence

Posted on July 28, 2011 by Mike Baker

The Board of Immigration Appeals (BIA or Board) held in Matter of Ramon Martinez, 25 I. & N. Dec. 571 (B.I.A. July 15, 2011), that a violation of § 220 of the California Penal Code (assault with intent to commit … Continue reading →

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BIA Finds § 212(h) Waiver Not Available to Overcome Bar to Cancellation of Removal

Posted on July 24, 2011 by Mike Baker

Matter of BUSTAMANTE, 25 I&N Dec. 564 (BIA 2011) The bar to cancellation of removal in section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), which precludes an alien who has been convicted of an offense … Continue reading →

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BIA Addresses K-2 Age Out Eligibility for Adjustment of Status: K-2s Don’t Age Out

Posted on July 24, 2011 by Mike Baker

A derivative child of a nonimmigrant fiancé(e) visa holder under section 101(a)(15)(K)(iii) of the INA is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa. … Continue reading →

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BIA Finds Conviction for Violating Kansas No-Contact Provision Is a Removable Offense

Posted on July 24, 2011 by Mike Baker

A conviction for violation of the no-contact provision of a protection order issued under the Kansas Protection from Abuse Act constitutes a removable offense under INA §237(a)(2)(E)(ii). Matter of Strydom, 25 I&N Dec. 507 (BIA 2011). The Board held that a … Continue reading →

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BIA Says Arriving Aliens Subject to Expedited Removal May Be Placed in §240 Proceedings

Posted on July 24, 2011 by Mike Baker

DHS has the discretion to place arriving aliens in removal proceedings under INA §240, even if they may also be subject to expedited removal under INA §235(b)(1)(A)(i). Matter of E-R-M- & L-R-M, 25 I&N Dec. 520 (BIA 2011)

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