Matter of M-H-Z-, 26 I&N Dec. 757 (BIA 2016)

The “material support bar” in section 212(a)(3)(B)(iv)(VI) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(3)(B)(iv)(VI) (2012), does not include an implied exception for an alien who has provided material support to a terrorist organization under duress. Cite as 26 I&N Dec. 757 (BIA 2016) Interim Decision #3864 Matter of […]


Matter of ADENIYE, 26 I&N Dec. 726 (BIA 2016) (as amended on May 2, 2016)

An “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(Q) (2012), if the underlying offense was “punishable by” imprisonment for a term of 5 years or more, regardless of […]


Matter of ADENIYE, 26 I&N Dec. 726 (BIA 2016) Aggravated Felony

Matter of ADENIYE, 26 I&N Dec. 726 (BIA 2016) An “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(Q) (2012), if the underlying offense was “punishable by” imprisonment […]


Matter of VILLALOBOS, 26 I&N Dec. 719 (BIA 2016)

Matter of VILLALOBOS, 26 I&N Dec. 719 (BIA 2016) (1) Although the Department of Homeland Security has exclusive jurisdiction over applications for adjustment of status under the legalization provisions of section 245A of the Immigration and Nationality Act, 8 U.S.C. § 1255a (2012), the Immigration Judges and the Board of […]


Can a 3-year old represent herself in immigration court? This judge thinks so

A senior Justice Department official is arguing that 3- and 4-year-olds can learn immigration law well enough to represent themselves in court, staking out an unconventional position in a growing debate over whether immigrant children facing deportation are entitled to taxpayer-funded attorneys.  Full Article below. https://www.washingtonpost.com/world/national-security/can-a-3-year-old-represent-herself-in-immigration-court-this-judge-thinks-so/2016/03/03/5be59a32-db25-11e5-925f-1d10062cc82d_story.html


Interlocutory Appeal BIA EOIR Board of Immigration Appeals

Interlocutory Appeals (a) Nature of interlocutory appeals. – Most appeals are filed after the Immigration Judge issues a final decision in the case. In contrast, an interlocutory appeal asks the Board to review a ruling by the Immigration Judge before the Immigration Judge issues a final decision. (b) Bond appeals. […]


Matter of GUZMAN-POLANCO, 26 I&N Dec. 713 (BIA 2016)

Matter of GUZMAN-POLANCO, 26 I&N Dec. 713 (BIA 2016) (full Case below) (1) For a State offense to qualify as a crime of violence under 18 U.S.C. § 16(a) (2012), the State statute must require as an element the use, attempted use, or threatened use of violent physical force. Matter of […]


Matter of MENDOZA OSORIA, 26 I&N Dec. 703 (BIA 2016)

Matter of MENDOZA OSORIA, 26 I&N Dec. 703 (BIA 2016) (click for the full case) The offense of endangering the welfare of a child in violation of section 260.10(1) of the New York Penal Law, which requires knowingly acting in a manner likely to be injurious to the physical, mental, or […]


BIA EOIR Stay Line Phone Number

The phone number the Board of Immigration Appeals (BIA) Executive office of Immigration Review (EOIR) STAY LINE in Falls Church VA is 703-306-0093. If you need any assistance in filing the stay or any other documents we can usually file the documents within 15 minutes of receipt. Call BIAhelp.com at […]


BIA EOIR Phone Number

The phone number for general information and to speak to a live person at the Board of Immigration Appeals (BIA) Executive office of Immigration Review (EOIR) in Falls Church VA is 703-605-1007. You can also find out general information by calling 1-800-898-7180.