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 2016)
(1) The categorical and modified categorical approaches provide the proper framework for determining whether a conviction is for a crime involving moral turpitude.
(2) Unless the controlling case law of the governing Federal court of appeals expressly dictates otherwise, the realistic probability test, which focuses on the minimum conduct that has a realistic probability of being prosecuted under the statute of conviction, should be applied in determining whether an offense is a categorical crime involving moral turpitude.
(3) Under the “minimum reading” approach applied by the United States Court of Appeals for the Fifth Circuit, the respondent’s conviction for indecency with a child under section 21.11(a)(1) of the Texas Penal Code is not for a categorical crime involving moral turpitude.
(4) An alien who has engaged in misconduct involving sexual abuse of a minor is not required to make a heightened evidentiary showing of hardship or other factors to establish that an application for relief warrants a favorable exercise of discretion.
IBARRA, 26 I&N Dec. 809 (BIA 2016)
(1) A "theft offense" under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 101(a)(43)(G) (2012), which requires the taking of property "without consent," includes extortionate takings, in which consent is coerced by the wrongful use of force, fear, or threats.
(2) Robbery by force or fear in violation of section 211 of the California Penal Code is categorically an aggravated felony theft offense under section 101(a)(43)(G) of the Act.
KHAN, 26 I&N Dec. 797 (BIA 2016)
Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii) (2012), by a petitioner for U nonimmigrant status.