BIA Published Cases


Matter of OBSHATKO, 27 I&N Dec. 173 (BIA 2017)

Whether a violation of a protection order renders an alien removable under section 237(a)(2)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(ii) (2012), is not governed by the categorical approach, even if a conviction underlies the charge; instead, an Immigration Judge should consider the probative and reliable evidence […]


Matter of DELGADO, 27 I&N Dec. 100 (BIA 2017) Asportation of property, is categorically an aggravated felony

Matter of DELGADO, 27 I&N Dec. 100 (BIA 2017) Robbery under section 211 of the California Penal Code, which includes the element of asportation of property, is categorically an aggravated felony theft offense under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(G)(2012), regardless of whether a […]


Matter of MOHAMED, 27 I&N Dec. 92 (BIA 2017)

Matter of MOHAMED, 27 I&N Dec. 92 (BIA 2017) Entry into a pretrial intervention agreement under Texas law qualifies as a “conviction” for immigration purposes under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2012), where (1) a respondent admits sufficient facts to warrant a finding […]


Matter of D-R-, 27 I&N Dec. 105 (BIA 2017)

*Matter of D-R-,* 27 I&N Dec. 105 (BIA 2017) (1) A misrepresentation is material under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2012), when it tends to shut off a line of inquiry that is relevant to the alien’s admissibility and that would predictably have […]