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Articles Tagged: Board of Immigration Appeals

BIA Puts Same-Sex Marriage Petitions On Hold

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By: Margarita Baldwin* The Board of Immigration Appeals is leaning towards setting a precedent in Immigration law that would eventually allow or prevent immigrants from seeking adjustment of status based on same-sex marriage. Recently, three appeals and a motion to reopen were filed with the BIA on behalf of same-sex married couples that duly registered […]

Matter of Arrabally and Yerrabelly: Advance Parole no longer considered a “departure” under INA §212(a)(9)(B)(i)(II)

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For years, U.S.C.I.S. officials have taken the position that a departure under a grant of advance parole is a departure for purposes of Immigration and Nationality Act (“INA”) §§212(a)(9)(B)(i)(I), (II), two bars which do not allow a non-citizen to apply for re-admission into the United States for three or ten years, respectively. However, in Matter […]

American Immigration Council Challenges BIA Decision Denying Miranda-like Warnings to Immigrants Under Arrest

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Washington, D.C.—On Friday, the American Immigration Council challenged a decision by the Board of Immigration Appeals (BIA) ruling that immigrants who are arrested without a warrant do not need to receive certain Miranda-like warnings before being interrogated. Under federal regulations, immigration officers must advise such noncitizens of the reason for their arrest, of their right […]

The Changing Face of Marriage and Families in Immigration Law

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By William Shwayri – law intern at Beach-Oswald Immigration Law Associates Lawmakers voted late Friday, June 24, 2011 to legalize same-sex marriage, making New York the largest state where gay and lesbian couples can wed, and giving the national gay-rights movement new momentum from the state where it was born. The same-sex marriage bill was […]

BIA Provides Framework for Assessing Mental Competency

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(Updated 5/13/11) The BIA set forth a framework to assess the competency of respondents in proceedings and remanded, finding good cause to believe Respondent was not competent to proceed. Courtesy of the Univ. of Houston Immigration Clinic. Matter of M-A-M-, 25 I&N Dec. 474 (BIA 2011) AILA Doc. No. 11050960.

AG Exercises Review Authority in DOMA Case

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The AG vacated the BIA’s order and remanded the matter to the BIA to determine whether and how the constitutionality of the Defense of Marriage Act impacts respondent’s eligibility for cancellation of removal. Matter of Dorman, 25 I&N Dec. 485 (AG 2011)

BIA Vacates IJ Decision, Finds IJ Made “Inappropriate Remarks”

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The Board of Immigration Appeals (BIA) found that inappropriate remarks by the IJ called the fairness of the proceedings into question, and that the IJ’s finding that the respondent’s claims were frivolous did not comport with prior BIA precedent. Courtesy of Christopher Helt

Motions to Reopen Removal Cases OK Outside the U.S.

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Court Protects Immigrants’ Right To Reopen Cases From Outside the U.S. Washington D.C. – A federal appellate court recently reversed a Board of Immigration Appeals’ (BIA) decision (Reyes-Torres v. Holder) that would have prevented noncitizens from presenting new evidence in their removal cases – evidence that potentially could change the outcome – because they are […]