Category Archives: Board of Immigration Appeals

USCIS Can Now Send Asylum Seekers to Immigration Court Without an Interview

No Interview, No Hearing, No One Watching By Michael D. Baker Immigration Equality v. Mullin, No. 1:26-cv-02921 (D.D.C. filed Aug. 19, 2026). It challenges Affirmative Asylum Referrals Without Interview, 91 Fed. Reg. 47101 (July 28, 2026). On July 28, the … Continue reading

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The Board Cuts the Right to Counsel Down to Ten Days

In Matter of A-K-R-, the BIA holds that a single ten-day cushion is the only hard time the statute owes you to find a lawyer. Everything after it is a favor. By Michael D. Baker A detained man from India … Continue reading

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BIA Overrules Arrabally: Advance Parole Travel Is Now a “Departure” — And DACA Recipients Just Lost Their Last Clean Path to a Green Card

The Board of Immigration Appeals just took away the only clean path a whole category of DACA recipients had left. Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA Aug. 13, 2026) (Interim Decision #4233), overrules Matter of Arrabally and Yerrabelly, … Continue reading

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⚖️ Matter of Lopez Rico: One Ballot, Counted Twice — and the Fifth Amendment Trap

The Board made unlawful voting a significant adverse factor and held that taking the Fifth can be used against you. Fourteen years between the ballot and the order. Matter of Lopez Rico, 29 I&N Dec. 780 (BIA 2026), Interim Decision … Continue reading

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IIRIRA at 28: The Law That Still Runs Every Removal Case in America

→ READ THE FULL STATUTEPub. L. 104-208, Div. C (IIRIRA) — PDF In This Post Admission Redefined Unlawful Presence Bars Prior Removal Bars Expedited Removal Detention: § 236 & 236(c) Aggravated Felony “Conviction” Defined Removal Proceedings Cancellation of Removal Judicial … Continue reading

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