Category Archives: BIA

BIA PRECEDENT TABLE 1995-2010 (Revised 06-18-2010)

Posted on October 19, 2011 by Mike Baker

This document compiles headnotes 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 … Continue reading →

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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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