Tag: BIA

The Board of Immigration Appeals published a decision holding that […]

UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds […]

In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023) the BIA held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies.

Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) – Under the modified categorical approach, an Immigration Judge may consider the transcript of a plea colloquy in determining the factual basis of a plea. “The transcript of the respondent’s change of plea hearing demonstrates that the factual basis for the respondent’s amended plea was for an aggravated assault with a deadly weapon under section 13-1204(A)(2) of the Arizona Revised Statutes, in which the underlying assault was committed by intentionally placing another person in reasonable apprehension of imminent physical injury under section 13-1203(A)(2). The respondent contends that this offense does not require the level of force necessary to constitute a crime of violence pursuant to 18 U.S.C. § 16(a).

For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, and will only change if an Immigration Judge subsequently grants a change of venue to another Immigration Court. Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020), clarified.

Matter of Jose Antonio GARCIA, 28 I&N Dec. 693 (BIA […]