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8 Oct 2014, 9:30 pm
In addition, the EOIR has expanded a Board of Immigration Appeals’ (BIA) pro bono project, in which the EOIR assists in matching aliens in removal proceedings with pro bono representatives so that aliens avoid facing the BIA and immigration courts without counsel. [read post]
19 Aug 2007, 12:52 pm
Finding that being beaten by police officers did not provide a sufficient basis for finding a gay man from South America reasonably feared that "his life or freedom would be threatened" if he were forced to return to Bolivia, a panel of the 11th Circuit Court of Appeals affirmed a decision by the Board of Immigration Appeals rejecting the man's application for "withholding of removal. [read post]
6 Jun 2016, 12:51 pm
The key administrative case interpreting 212(d)(3) is a Board of Immigration Appeals decision from 1978 called Matter of Hranka. [read post]
11 May 2015, 5:20 am
Department of Homeland Security, supra.The Court of Appeals began its analysis of the issues O’Hara raised on appeal by explaining that[o]ur review of the Board's decision is limited. [read post]
3 Feb 2019, 8:22 am
This reading is consistent with the recent interpretation of these regulations by the Board of Immigration Appeals (“BIA” or the “Board”), see Matter of Bermudez-Cota, 27 I. [read post]
27 Jan 2014, 5:48 pm
This is already the case in many other countries, and in the United States is institutionalized in immigration law practice, where certain non-lawyers accredited by the federal Board of Immigration Appeals are allowed to represent immigrants in removal proceedings or in administrative matters before the Department of Homeland Security. [read post]
18 May 2012, 4:36 am
Everest National didn't think so.But the California Workers' Compensation Appeals Board (WCAB) did. [read post]
30 Jan 2023, 9:15 am
”"Persecution in Punjab: The Hidden Story of Sikh Asylum," Notre Dame Law Review Reflection, vol. 97, no. 3 (2022) [full-text]Resource:Freedom of Information Act Reading Room (Executive Office of Immigration Review) [access]- Searchable database of unpublished Board of Immigration Appeals' decisions. [read post]
13 Oct 2011, 10:37 am
Pursuant to the decision immigration judges and the Board of Immigration Appeals are required to: (1) look first to the statute of conviction under the categorical inquiry; (2) if the categorical inquiry does not resolve the question, look to the alien’s record of conviction; and (3) if the record of conviction does not resolve the inquiry, consider any additional evidence the adjudicator determines is necessary or appropriate to resolve… [read post]
23 Apr 2009, 7:29 am
He overstayed his visa and by the time Homeland Security caught up with him, an asylum petition was untimely, so he was left to seeking withholding of removal or relief under the Convention Against Torture, both of which were denied by the IJ and the Board of Immigration Appeals. [read post]
15 Jul 2009, 6:47 am
The Board of Immigration Appeals (BIA) recently made a very interesting decision in a case involving this issue. [read post]
14 Jun 2010, 1:27 pm
Holder, June 14, 2010, the Court found that a second or subsequent simple possession offense may not be interpreted as an aggravated felony under §1101(a)(43) when the state conviction is not based on a prior conviction.The Supreme Court overturned the Immigration Judge's interpretation that a second simple possession conviction constitutes an “aggravated felony” that renders an individual in-eligible for cancellation of removal.Both the Board of… [read post]
27 Apr 2009, 1:00 pm
This provision has led to frequent dispute in the federal courts of appeals over which decisions made by the Board of Immigration Appeals (BIA) on behalf of the Attorney General fall within this jurisdiction-stripping provision. [read post]
2 Jul 2012, 1:21 pm
Board of Education and Shelley v. [read post]
27 Dec 2011, 5:33 am
Over several decades of administrative decisions, the Board of Immigration Appeals expanded the application of section 212(c) to cover aliens in deportation proceedings. [read post]
10 Sep 2024, 8:52 am
For our purposes, we deemed a case to be successful if it was granted, remanded, or granted in part, as any of these outcomes would grant a petitioner a second chance before the Board of Immigration Appeals. [read post]
12 Oct 2011, 9:14 am
If an immigration judge (IJ) granted you permanent residence during immigration court proceedings or you were granted permanent residence by the Board of Immigration Appeals (BIA) and you have not yet received your green card, please schedule an appointment with your local U.S. [read post]
20 Feb 2010, 2:23 pm
The immigration judge and the Board of Appeals were not convinced. [read post]
23 Aug 2015, 3:46 am
That took the matter out of the hands — at least for the time being — of the immigration appeals board, the Eighth Circuit, and the Justice Department. [read post]
11 Jan 2008, 9:57 am
A unanimous panel of the U.S. 7th Circuit Court of Appeals in Chicago has rejected an appeal from the Board of Immigration Appeals' decision to deny withholding of removal to a Nigerian man claiming to be gay. [read post]
