Category Archives: BIA

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 →

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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

Matter of Sesay: K-1 Fiancé(e) Who Timely Married Petitioner May Adjust Status Even If Marriage Has Ended, BIA Holds

Posted on March 23, 2011 by Mike Baker

The Board of Immigration Appeals held in Matter of Sesay, 25 I & N Dec. 431 (Mar. 17, 2011) that (1) under INA § 245(d) [8 USCA § 1255(d)] (2006), a fiancé(e) visa holder can only adjust status based on … Continue reading →

Posted in Adjustment of Status, BIA, Board of Immigration Appeals, K visa | Leave a comment

BIA Overrules Matter of Shanu in Part; Finds Alien Present in U.S. Pursuant to Admission Occurring More than Five Years Before CIMT Offense Is Not Deportable

Posted on February 7, 2011 by Mike Baker

The Board of Immigration Appeals (BIA or Board) held in Matter of Alyazji, 25 I. & N. Dec. (B.I.A. Feb. 3, 2011), that, in general, an alien’s conviction for a crime involving moral turpitude (CIMT) triggers removability under INA § … Continue reading →

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