Category Archives: BIA

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 →

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

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 →

Posted in BIA, Board of Immigration Appeals, Domestic battery | Leave a comment

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)

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

Cancellation of Removal/Break in Continuous Physical Presence Based on Execution of Form I-826 and Voluntary Return

Posted on July 24, 2011 by Mike Baker

In Reyes-Sanchez v. Holder, 2011 WL 2725813 (7th Cir. 2011), the U.S. Court of Appeals for the Seventh Circuit denied a petition for review filed by a citizen of Mexico whose application for cancellation of removal under INA § 240A(b) … Continue reading →

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

BIA Addresses Whistleblowing as a Basis for Asylum: Matter of N-M-, 25 I&N Dec. 526 (BIA 2011)

Posted on July 23, 2011 by Mike Baker

The BIA found that retaliation for opposition to state corruption may form the basis for a claim based on political opinion if, post-REAL ID, the actual or imputed anti-corruption belief was one central reason for the harm. Matter of N-M-, … Continue reading →

Posted in BIA, Board of Immigration Appeals, whistleblower | Leave a comment