Category Archives: BIA

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

BIA Finds Driving with Wanton or Willful Disregard for Lives or Property to Elude Police is a CIMT

Posted on July 22, 2011 by Mike Baker

The BIA held in Matter of Ruiz-Lopez, 25 I.&N. Dec. 551 (B.I.A. June 3, 2011) that (1) the offense of driving a vehicle in a manner indicating a wanton or willful disregard for the lives or property of others while … Continue reading →

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

BIA Outlines Framework for IJs to Analyze Cases in Which Issues of Mental Competency Are Raised

Posted on May 6, 2011 by Mike Baker

In Matter of M-A-M-, 25 I. & N. Dec. 474 (B.I.A. May 4, 2011), a panel of the Board of Immigration Appeals (BIA or Board) held that (1) aliens in immigration proceedings are presumed to be competent and, if there … Continue reading →

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

Matter of Ahortalejo-Guzman, 25 I. & N. Dec. 465 (B.I.A. April 19, 2011). Board Finds Record of Conviction Clear on Issue Relating to CIMT and Rejects IJ’s Use of Third Prong of Matter of Silva-Trevino

Posted on April 20, 2011 by Mike Baker

The Board of Immigration Appeals (BIA or Board) has followed the Attorney General’s precedent decision Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. 2008), in holding that evidence outside of an alien’s record of conviction may properly be … Continue reading →

Posted in BIA, Board of Immigration Appeals, CIMT, Crime involving moral turpitude | Leave a comment