Just When You Thought Your Old Conviction After a Jury Trial Would Leave You with a Permanent Inability to Seek Relief in Removal Proceedings, Think Again!

Danielle Claffey Blog Leave a Comment

On February 28, 2014, the Board of Immigration Appeals issued a precedent decision opening new avenues of relief for many individuals with old criminal convictions they otherwisethought would forever prevent them from seeking relief before an Immigration Judge.  See Matter of Ezzat H. Abdelghany, 26 I&N Dec. 254 (BIA 2014).  This BIA Decision held that “[a] lawful permanent resident who …

BIA on Application of the Modified Categorical Approach to Conviction Assessment

Kuck Immigration Partners Blog Leave a Comment

Another bad decision issued by the Board of Immigration Appeals, February 19, 2010 — more often in recent months the Department of Homeland Security is trying (successfully sometimes) to go behind a state court’s conviction records to sustain removability charges against an individual in immigration proceedings. Obviously the line between federal and state is becoming very blurred, and it seems …