|
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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require installation of Adobe Acrobat Reader.
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© Jonathan R. Micale, Esq., 2003
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