Tuesday, February 23, 2010

New BIA Decision Permits Immigration Courts to Review Police Reports for Domestic Violence Determinations

In applying modified categorical approach to assess conviction, it is proper to consider police reports’ contents as part of conviction record if incorporated into plea or admitted by alien in criminal proceedings. Matter of Milian-Dubon, 25 I&N Dec. 197 (BIA 2010).

Here is the full BIA decision.

Matter of Millian -

Friday, February 12, 2010

ABA Issues Scathing New Report of Immigration System

Yesterday, February 10, 2010, the American Bar Association issued a new report on the current state of the Immigration System.

In its findings, the ABA correctly identified the vast discrepancies between various Immigration Judges and how often they grant a favorable decision to the noncitizen, how the BIA fails in its mission to dispense just decisions, and how all of this mess gets dumped in the Circuit Courts.

And even in the Circuit Courts, the justices spend an inordinate time on deciding jurisdictional issues and not the merits of the appeals. This creates traps for the unrepresented and unwary counsel.'

Here is the full report on the ABA website.