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Immigration Court Decisions

Board of Immigration Appeals and Attorney General Precedent Decisions

The following decisions are decisions issued by the Board of Immigration Appeals. Click on the case name or decision number to the right to view the full text of the decision. Many of the decisions below contain a "description of holding" which outlines the decision the Board or the Attorney General reached in the particular case.

Name of Decision

Description of Holding

Date of Decision

Decision Number

Matter of BLANCAS-Lara

The period of an alien's residence in the United States after admission in nonimmigrant status may be considered in calculating the seven years of continuous presence required for cancellation of removal.

June 10, 2002

3477

Matter of SMALL

Misdemeanor offense of sexual abuse of a minor consitutes an aggravated felony subjecting a person to removal from the United States.

June 4, 2002

3476

Matter of ROMALEZ-Alcaide

Continuous physical presence for purposes of accruing ten years of continuous physical presence necessary for Cancellation of Removal ends when the alien departs the United States under a threat of the institution of deporation or removal proceedings.

May 29, 2002

3475

Matter of SANTOS-Lopez

A determination whether an offense is a felony for purposes of 18 USC 924(c) (2000) (drug trafficking felony) is determined according to how the law of the convicting jurisdiction classifies it.

May 14, 2002

3474

Matter of Yanez

The determination of whether an offense constitutes a "drug trafficking crime" under 18 USC 924(c) (2000) will be made based upon the decisions of the Federal Circuit Courts of Appeals and not based upon a standard adopted by the Board of Immigration Appeals.

May 13, 2002

3473

Matter of JEAN

(1) The 30 day period in which to file an appeal with the Board begins to run on the day a final decision in the case appealed is entered; (2) The Board's authority to certify cases to itself is limited to truly exceptional circumstances; (3) The discretion of a judge to grant a discretionary waiver to a refugee to adjust status must be balanaced against the seriousness of the criminal offense for which the alien was convicted; (4) Where the alien has committed a violent or dangerous felony, the alien should not be granted a discretionary waiver; and (5) Aliens who have committed a violent or dangerous felony will not be granted asylum, even if they may be technically eligible.

May 2, 2002

3472

Matter of G-A-

Iranian Christian of Armenian dissent demonstrated eligibility for Deferral of Removal under 8 CFR 208.17 by establishing that it was more likely than not that he would suffer persecution on account of his religion, ethnicity, duration of his residence in the United States, and drug-related criminal convictions in the United States.

May 2, 2002

3471

Matter of G-C-L-

Board withdraws from its policy of granting Motions to Reopen to make an Application for Asylum based on Coercive Population Control ("CPC") policies effective 90 days from April 10, 2002, or July 10, 2002.

April 10, 2002

3470

Matter of U-H-

April 5, 2002

3469

Matter of RAMOS

April 4, 2002

3468

Matter of ANDAZOLA-Rivas

April 3, 2002

3467

Matter of J-E-

March 22, 2002

3466

Matter of Y-C-

A minor, not accompanied by an adult to the United States, who was placed in INS Custody for a period of one year after arrival and who failed to file an asylum claim within the one year period after arrival as required by law, established "extraorindary circumstances" necessary to permit a late filing of an asylum claim.

March 11, 2002

3465

Matter of Y-L-, A-G- & R-S-R-

March 5, 2002

3464

Matter of VELARDE-Pacheco

March 6, 2002

3463

Matter of SALAZAR-Regino

February 14, 2002

3462

Matter of VASQUEZ-MUNIZ

January 15, 2002

3461

Javier SOTELO-Sotelo

October 25, 2001

3460

Juana M. MORAGA, Beneficiary of visa petition filed by Adalberto MORAGA, Petitioner

October 19, 2001

3459

G-Y-R

October 19, 2001

3458

Robin Juraine CRAMMOND

October 16, 2001

3457

Cresencio Heriberto MARTINEZ-RECINOS

October 15, 2001

3456

Min SONG

September 5, 2001

3455

Jesus Enrique RODRIGUEZ-TEJEDOR
(reposted due to editorial changes)

July 24, 2001

3454

Juan OLIVARES-Martinez

July 3, 2001

3453

FINNAIR FLIGHT AY103

June 26, 2001

3452

Victor Leonardo ROJAS

May 18, 2001

3451

Ada Rosa ARTIGAS

May 11, 2001

3450

Fernando Alfonso TORRES-VARELA

May 9, 2001

3449

Juana Claudia PATINO

May 9, 2001

3448

Francisco Javier MONREAL-Aguinaga

May 4, 2001

3447

Bing Chih KAO
Mei Tsui LIN

May 4, 2001

3446

Alejandro HERRERA

April 13, 2001

3445

Northwest Airlines Flight NW1821

March 28, 2001

3444

Robin Juraine CRAMMOND (Vacated, 23 I&N Dec. 179 (BIA 2001)

March 22, 2001

3443

Viralene GOOLCHARAN
Reagan GOOLCHARAN

February1, 2001

3442

Vienna I. OPARAH

December 15, 2000

3441

Carlos VASQUEZ-MUNIZ (Overruled, 23 I&N Dec. 207 (BIA 2002))

December 1, 2000

3440

Mario Leroy DAVIS

November 2, 2000

3439

Neville George WEST

October 26, 2000

3438

Awat Mengisteab BAHTA

October 4, 2000

3437

Miguel Ignacio RODRIGUEZ-RUIZ
(reposted due to editorial changes)

September 22, 2000

3436

Miguel DEVISON-Charles (January 18, 2001 - decision has been reissued to include a decision on a motion to reconsider filed by the INS)

September 12, 2000

3435

Matter or V-Z-S

August 1, 2000

3434

Matter of S-A-

June 27, 2000

3433

Jaime Cesar PEREZ

June 6, 2000

3432

Miguel Antonio RODRIGUEZ-DIAZ

May 18, 2000

3431

S-V-

May 9, 2000

3430

Francisco OCAMPO-Ugalde

March 24, 2000

3429

Ignacio CAMPOS-TORRES

March 21, 2000

3428

Nai Meng SAELEE

February 25, 2000

3427

Sandra Carolina MENDOZA-SANDINO

February 23, 2000

3426

Gary Fitzroy BECKFORD

January 19, 2000

3425

Minete KANGA

January 7, 2000

3424

Jose Luis LOPEZ-MEZA

December 21, 1999

3423

Matter of K-V-D-, (Overruled, 23 I&N Dec. 390 (BIA 2002))

December 10, 1999

3422

Theodore M. Minkova, beneficiary, as child of the widow of
Milko Nikodov Mankov

December 1, 1999

3421

Ydalia CRUZ-GARCIA

November 30, 1999

3420

Saleem Hassan MASRI

November 30, 1999

3419

G-D-

November 23, 1999

3418

Adewunmi ADENIJI

November 3, 1999

3417

Phat Dinh TRUONG

October 20, 1999

3416

N-J-B-(see footnote)

February 20, 1997

3415

H-N- (reposted due to editorial changes)

October 13, 1999

3414

Jose Antonio RODRIGUEZ-CARILLO (reposted due to editorial changes)

October 12, 1999

3413

Matter of PUENTE, (Overruled, 23 I&N Dec. 336 (BIA 2002))

September 29, 1999

3412

Pedro RODRIGUEZ-RODRIGUEZ (reposted due to editorial changes)

September 16, 1999

3411

Ahmad ALDABESHEH (reposted due to editorial changes)

August 30, 1999

3410

L-V-K- (reposted due to editorial changes)

August 10, 1999

3409

Julio Antonio CORDOVA (reposted due to editorial changes)

August 6, 1999

3408

Suseenthera KANAGASUNDRM (reposted due to editorial changes)

July 29, 1999

3407

A-N- & R-M-N- (reposted due to editorial changes)

July 23, 1999

3406

Ali Hussein AJAMI (reposted due to editorial changes)

July 13, 1999

3405

Paul SUSMA (reposted due to editorial changes)

June 24, 1999

3404

R-A- (reissued to add A.G.'s 1/19/01 decision vacating and remanding)

June 11, 1999

3403

Rafael ESPINOZA-Gonzalez (reposted due to editorial changes)

June 11, 1999

3402

R-S-J (reposted due to editorial changes)

June 10, 1999

3401

Mario Salvador RUIZ-MASSIEU (reposted due to editorial changes)

June 10, 1999

3400

Eloy ARGUELLES-Campos

June 7, 1999

3399

Samuel JOSEPH

May 28, 1999

3398

Jose Cornelio PONCE-HERNANDEZ

May 28, 1999

3397

UNITED AIRLINES FLIGHT UA802

May 28, 1999

3396

Matter of Jorge LUIS-Rodriguez

May 26, 1999

3395

Matter of H-A- (Modified, 23 I&N Dec. 253 (BIA 2002))

May 25, 1999

3394

Rafael ULLOA

May 24, 1999

3393

Ana Delores GUZMAN-Arguera

May 24, 1999

3392

Florencio ALVARADO-ALVINO

May 24, 1999

3391

Matter of Edward Paul SWEETSER

May 19, 1999

3390

Matter of Cristobal PEREZ

May 12, 1999

3389

Matter of Air India Airlines Flight No. AI 101

May 4, 1999

3388

Matter of Samuel JOSEPH

April 23, 1999

3387

Matter of L-S-

April 16, 1999

3386

Matter of Sergio NOLASCO-Tofino

April 15, 1999

3385

Matter of Sara Ofelia ROSAS-Ramirez

April 7, 1999

3384

Matter of Henry STOWERS

March 26, 1999

3383

Matter of L-V-C-

March 25, 1999

3382

Matter of N-B-

March 24, 1999

3381

Matter of Luis Felipe CERVANTES-Gonzalez

March 11, 1999

3380

Matter of Basil Uzoma ONYIDO

March 4, 1999

3379

Matter of Tanessia Amelia PAGAN

March 3, 1999

3378

Matter of Mauro ROLDAN-Santoyo

March 3, 1999

3377

Matter of Filiberto RUIZ-ROMERO

February 1, 1999

3376

Matter of A-P-

January 26, 1999

3375

Matter of S-S- (Overruled, 23 I&N Dec. 270 (A.G. 2002))

January 21, 1999

3374

Matter of Gonzalo PALACIOS-Pinera

December 18, 1998

3373

Matter of Lumen Berina TIJAM

December 10, 1998

3372

Matter of Pablo AYALA-Arevalo

November 30, 1998

3371

Matter of Robert A. LETTMAN

November 5, 1998

3370

Matter of M-S-

October 30, 1998

3369

Matter of N-M-A-

October 21, 1998

3368

Matter of B-B- et al.

September 24, 1998

3367

Matter of G-N-C-

September 17, 1998

3366

Matter of H-M-V

August 25, 1998

3365

Matter of Mark Gerald PUNU

August 18, 1998

3364

Matter of NEW YORK STATE DEPARTMENT OF TRANSPORTATION

August 7, 1998

3363

Matter of HO

July 31, 1998

3362

Matter of HSIUNG

July 31, 1998

3361

Matter of IZUMMI

July 13, 1998

3360

Matter of SOFFICI

June 30, 1998

3359

Matter of Emida Elizabeth CASILLAS, Beneficiary of visa petition filed by Arturo Casillas, Petitioner

August 4, 1998

3358

Matter of A-A-

July 16, 1998

3357

Matter of Guo Yu LEI

July 16, 1998

3356

Matter of S-O-S-

July 9, 1998

3355

Matter of G-A-C-

July 9, 1998

3354

Matter of MANCERA-Monroy

July 1, 1998

3353

Matter of X-G-W-, (Superseded, 23 I&N Dec. 359 (BIA 2002))

June 25, 1998

3352

Matter of Kwun Yu MA

May 28, 1998

3351

Matter of B-A-S

May 20, 1998

3350

Matter of S-P

May 20, 1998

3349

Matter of J-P

May 20, 1998

3348

Matter of Torres

May 4, 1998

3347

Matter of O-Z-& I-Z

April 2, 1998

3346

Matter of E-L-H

January 30, 1998

3345

Matter of Oseiwusu

March 25, 1998

3344

Matter of Lopez

March 24, 1998

3343

Matter of C-V-T-

February 12, 1998

3342

Matter of Magallanes, (Overruled, 23 I&N Dec. 336 (BIA 2002))

March 19, 1998

3341

Matter of Fortiz

March 18, 1998

3340

Matter of M-D-

March 13, 1998

3339

Matter of A-E-M-

February 20, 1998

3338

Matter of Y-B-

February 19, 1998

3337

Matter of A-S-

February 19, 1998

3336

Matter of Michel

January 30, 1998

3335

Matter of O-D

January 8, 1998

3334

Matter of Collado

December 18, 1997

3333

Matter of Hasan

December 9, 1997

3332

Matter of S-A

November 25, 1997

3331

Matter of Khourn

October 31, 1997

3330

Matter of Martinez

September 24, 1997

3329

Matter of Bueno

September 24, 1997

3328

Matter of Yewondwosen

September 9, 1997

3327

Matter of Pineda

August 26, 1997

3326

Matter of Dillingham

August 20, 1997

3325

Matter of Singh

August 11, 1997

3324

Matter of J-J-

July 31, 1997

3323

Matter of L-S-J-

July 29, 1997

3322

Matter of Batista

July 15, 1997

3321

Matter of Gonzalez

June 19, 1997

3320

Matter of C-Y-Z

June 4, 1997

3319

Matter of Fuentes-Campos

May 14, 1997

3318

Matter of S-S-

May 6, 1997

3317

Matter of Fuentes

March 18, 1997, amended April 25, 1997

3316

Matter of Air India

April 2, 1997

3315

Matter of P-L-P-

March 13, 1997

3314

Matter of Melo

February 20, 1997

3313

Matter of N-K- & V-S-

March 13, 1997

3312

Matter of E-P-

March 14, 1997

3311

Matter of Villalba

March 6, 1997

3310

Matter of N-J-B-

February 20, 1997 (Vacated AG July 10, 1997, August 20, 1999)

3309

Matter of V-T-S-

March 6, 1997

3308

Matter of T-M-B-

February 20, 1997

3307

Matter of Valles

February 10,1997

3306

Matter of C-A-L-

February 21, 1997

3305

Matter of Varig Brazilian Air

February 18, 1997

3304

Matter of S-M-J-

January 31, 1997

3303

Matter of Valdez

January 30, 1997

3302

Matter of Noble

January 16, 1997

3301

Matter of Q-T-M-T-

December 23, 1996

3300

Matter of X-P-T-

December 18, 1996

3299

Matter or Pilch

December 3, 1996

3298

Matter of Yeung

November 27, 1996; October 7, 1997

3297

Matter of Rivera

October 4, 1996

3296

Taken from the Executive Office for Immigration Web Site <http://www.usdoj.gov/eoir/efoia/bia/biaindx.htm>.

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