BIA Precedent Decisions From 2016 All of these decisions can be found in their full original form in the Department of Justice - EOIR Virtual Library Here. Matter of OBEYA , 26 I&N Dec. 856 (BIA 2016) Petit larceny in violation of section 155.25 of the New York Penal Law, which requires an intent to deprive the owner of his property either permanently or under circumstances where the owner’s property rights are substantially eroded, is categorically a crime involving moral turpitude. Matter of Diaz-Lizarraga , 26 I&N Dec. 847 (BIA 2016), followed. Matter of TIMA, 26 I&N Dec. 839 (BIA 2016) A fraud waiver under section 237(a)(1)(H) of the Immigration and Nationality Act,8 U.S.C.§ 1227(a)(1)(H) (2012), cannot waive an alien’s removability under section237(a)(2)(A)(i) for having been convicted of a crime involving moral turpitude, even if the conviction is based on the underlying fraud. Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2
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