Category Archives: BIA

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 →

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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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Matter of Soram, ID 3701, 25 I&N Dec. 378 (BIA 2010) – Unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health

Posted on November 19, 2010 by Mike Baker

The crime of unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health in violation of section 18-6-401(1)(a) of the Colorado Revised Statutes is categorically a crime of child abuse under … Continue reading →

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Bribery of a public official is not an aggravated felony. Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010)

Posted on October 15, 2010 by Mike Baker

Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010) Interim Decision #3698http://www.justice.gov/eoir/vll/intdec/vol25/3698.pdf The crime of bribery of a public official in violation of 18 U.S.C. § 201(b)(1)(A) (2006)is not an offense “relatingto” commercial bribery and is therefore not an aggravated … Continue reading →

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Section 245(i) not available for Spouse of 245(i) Eligible Applicant: Matter of LEGASPI, 25 I&N Dec. 328 (BIA 2010)

Posted on September 8, 2010 by Mike Baker

Matter of Michael Raymund Aguirre LEGASPI, Respondent File A097 368 288 – Los Angeles, California Decided September 1, 2010 U.S. Department of JusticeExecutive Office for Immigration ReviewBoard of Immigration AppealsClick here for the decision.Tweet An alien is not independently “grandfathered” … Continue reading →

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