Category Archives: Board of Immigration Appeals

BIA generally extends full faith and credit to state-court decisions which vacate or modify, nunc pro tunc, criminal convictions.

Posted on August 4, 2010 by Mike Baker

BIA decision extending full faith and credit to a Georgia vacatur. Decision of the Board of Immigration AppealsIN REMOVAL PROCEEDINGS APPEAL File:    A044 512 066 – Atlanta, GA    In re: MOBUTO KIZUNGAa.k.a. Joseph Mobuto Kizunga CHARGE: Notice:    Sec. 237(a)(2)(A)(iii), I&N … Continue reading →

Posted in BIA, Board of Immigration Appeals | 1 Comment

Matter of Fidel Antonio SANCHEZ-CORNEJO 25 I&N Dec. 273 (BIA 2010) Interim Decision #3686

Posted on July 7, 2010 by Mike Baker

The offense of delivery of a simulated controlled substance in violationof Texas law is not an aggravated felony, as defined by section101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. §1101(a)(43)(B) (2006), but it is a violation of a law … Continue reading →

Posted in BIA, Board of Immigration Appeals, Deportation for Drug Crimes | Leave a comment

BIA Finds § 236(a)(2)(B) Conditional Parole Is Not Parole into the U.S. for AOS Purposes: Matter of Luis CASTILLO-PADILLA

Posted on June 29, 2010 by Mike Baker

(1) Conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2006), is a distinct and different procedure from parole under section 212(d)(5)(A) of the Act, 8 U.S.C. § 1182(d)(5)(A) (2006). (2) An alien who … Continue reading →

Posted in Adjustment of Status, BIA, Board of Immigration Appeals | 1 Comment

Matter of MONGES-Garcia, 25 I&N Dec. 246 (BIA 2010)

Posted on June 3, 2010 by Mike Baker

BIA Finds No Conflict Between Regulation’s Time Limits on Motions to Reopen and INA § 242B(e)(1)’s Limit on Discretionary Relief. (1) The 90-day time limitation for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1) (2010) applies to motions … Continue reading →

Posted in absentia deportation order, BIA, Board of Immigration Appeals, Motions to Reopen | Leave a comment

Third Circuit partially overturns Matter of V-K-, 24 I&N Dec. 500 (BIA 2008)

Posted on April 12, 2010 by Mike Baker

 “We hold that the BIA erred in reviewing the finding of a probability of torture de novo; it was required to review the factual aspects of that inquiry for clear error, and it was entitled to review only the legal … Continue reading →

Posted in BIA, Board of Immigration Appeals, Matter of V-K | Leave a comment