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BIA Precedent Table


Revised September 19, 2014 7:03 AM

This document compiles headnotes from BIA precedent cases published in volumes 21,22, 23, 24, 25 and 26 of the Administrative Decisions under the Immigration andNationality Laws of the United States, organized by topic. As such, it includesall BIA cases published from Matter of Esposito (March 30, 1995) to the present.

Topic Headings

ADJUSTMENT OF STATUS

Arriving Aliens

Child Status Protection Act

Chinese Student Protection Act

Cuban Refugee Adjustment Act

Eligibility

Fiancees

K-4 Visa Entrants

Rescission of Adjustment of Status

Section 245(i) Adjustment

ADMINISTRATIVE CLOSURE OF CASES

ADMISSION/ENTRY

Adjustment of Status

Arriving Alien

Asylees

Cancellation of Removal (Non-LPR)

Claimed Status Review

Conditional Permanent Residents

False Claim of U.S. Citizenship

Nunc Pro Tunc Permission to Reapply

Returning Lawful Permanent Resident

Unlawful Reentry

Withdrawal of Application for Admission

AGGRAVATED FELONIES

Accessory After the Fact

Adjustment of Status

Alien Smuggling

Arson

Burglary

Commercial Bribery

Conspiracy

Controlled Substances

Crimes of Violence

Date of Conviction

Divisible Statutes

Firearms

Fraud and Deceit

Jurisdictional Element

Misprision of a Felony

Murder

Obstruction of Justice

Perjury

Prostitution for Commercial Advantage

Rape

Robbery

Section 212(h) Waivers

Sentence Enhancement

Sexual Abuse of a Minor

Sodomy by Force

Theft Offenses

Transportation of Undocumented Aliens

AIRLINE FINES

AMERICAN BAPTIST CHURCHES (ABC) SETTLEMENT

APPEALS

Fact finding on Appeal

Timeliness

Waiver of Right to Appeal

ASYLUM

Adjustment of Status

Advisal of Right to Apply

Country Conditions

Countrywide Persecution

Credibility and Corroboration

Criminal Activity

Dual Nationals

Exclusion Proceedings

Firm Resettlement

Frivolous Applications

Humanitarian Grants

Jurisdiction of Immigration Judges

North Korean Human Rights Act

One-Year Application Deadline

Particular Social Group

Past Persecution

Persecution - Antisemitism

Persecution - Clan Membership

Persecution - Coercive Population Control

Persecution - Cumulative Discrimination

Persecution - Domestic Violence

Persecution - Drug Informants

Persecution - Extortion

Persecution - Female Genital Mutilation

Persecution - Guerrilla Recruitment

Persecution - Kidnapping

Persecution - Mixed Motives

Persecution - Nonphysical Harm

Persecution Opposition to Corruption

Persecution - Rape

Persecution - Reasons for Persecution

Persecution - Religion

Persecution - Wealth

Reopening to Apply For

Right to Hearing

Stowaways

Termination

Terrorists

Visa Waiver Program

Well-founded fear

ATTORNEY DISCIPLINE

ATTORNEY GENERAL CERTIFICATION

BACKGROUND AND SECURITY CHECKS

BIA PRECEDENT DECISIONS

Applicability

CANCELLATION OF REMOVAL (LAWFUL PERMANENT RESIDENTS)

Continuous Residence

Criminal Convictions

Standards

CANCELLATION OF REMOVAL (NON-LAWFUL PERMANENT RESIDENTS)

Continuous Residence

Criminal Convictions

Exceptional and Extremely Unusual Hardship

Good Moral Character

Ineligible Aliens

Qualifying Relatives

CANCELLATION OF REMOVAL (SPECIAL RULE)

Availability of Waiver

Battered Spouse

Continuous Physical Presence

Good Moral Character

CHILD STATUS PROTECTION ACT

CITIZENSHIP

Acquisition of Citizenship by a Child

Ineligible to Citizenship

CONTINUANCES

CONTROLLED SUBSTANCE DEPORTABILITY

CONVENTION AGAINST TORTURE

Acquiesence of Public Official

Burden of Proof

Definition of Torture

Jurisdiction

Termination of Deferral of Removal

CRIMES INVOLVING MORAL TURPITUDE

Accessory after the Fact

Animal Cruelty

Assault

Attempt Offenses

Burglary

Cancellation of Removal Eligibility

Child Pornography

Child, Sexual Conduct With

Controlled Substances

Corporal Injury on a Spouse

Date of Admission

Defined

Domestic Battery

Driving Recklessly to Evade Police

Driving Under the Influence

Evidence

Failure to Register as Sex Offender

Falsely Obtaining a U.S. Passport

Financial Violations

Incedent Exposure

Misprision of a Felony

Money Laundering

Purely Political Offense

Reckless Endangerment

Section 212(c) Eligibility

Stalking

Theft

Trafficking in Counterfeit Goods

Vandalism (Gang Related)

Welfare Fraud

CRIMINAL CONVICTIONS

Court Martial

Finality

Foreign Convictions

Deferred Adjudication

Municipal Ordinances

Naturalization

Pardons

Penalty or Punishment

Records of Conviction

Rehabilitative Statutes

Sentence

Single Scheme

Vacated Convictions

Violations

Youthful Offenders

DETENTION AND BOND

Jurisdiction

Mandatory Detention

National Security Considerations

Pending Appeals

Standards

Terrorists

Transition Period Custody Rules (TPCR)

DUE PROCESS

EXCLUSION PROCEEDINGS

Adjustment of Status

Asylum

In Absentia Proceedings

Motion to Terminate Proceedings

Parole

EXPEDITED REMOVAL

Claimed Status Review

FIREARMS OFFENSES

FOREIGN POLICY GROUNDS DEPORTABILITY

Adverse Foreign Policy Consequences

Espionage

GOOD MORAL CHARACTER

IN ABSENTIA PROCEEDINGS

Custody

Exceptional Circumstances

Exclusion Proceedings

Immigration Judges

Ineffective Assistance of Counsel

Jurisdiction

Notice to Alien

Section 242(b) Proceedings

Stays

Termination

Voluntary Departure

Warnings for Failure to Appear

IN ADMISSIBILITY

Controlled Substance Violation

Falsely Claiming Citizenship (Section 212(a)(6)(C)(ii))

Prostitution (Section 212(a)(2)(D))

INEFFECTIVE ASSISTANCE OF COUNSEL

Advice to Client

In Absentia Proceedings

Standards

MARRIAGE FRAUD

Marriage During Proceedings

Section 216(c)(4) Hardship Waivers

MINORS

MOTIONS TO RECONSIDER

Affirmances Without Opinion

Deadlines

Government Motions

Sua Sponte Authority

Untimely Appeals

MOTIONS TO REMAND

Joint Motions

Time and Number Limits

MOTIONS TO REOPEN

After In Absentia Order

Burden of Proof

Coercive Family Planning Claims

Deadlines

Joint Motions

Jurisdiction

Sua Sponte Authority

Time and Number Limits

Voluntary Departure

NATURALIZATION

ORDERS TO SHOW CAUSE

PAROLE

PROTECTIVE ORDERS

REAL ID ACT

"1 Central Reason" Requirement

RECOGNITION AND ACCREDITATION

REFUGEES

Date of Admission

Jurisdiction

REINSTATEMENT OF REMOVAL

REMOVAL GROUNDS

Crime of Child Abuse

Crime of Domestic Violence

Endangering Public Security

Extrajudicial Killings

Inadmissible at Time of Entry

Smuggling

Violation of Protection Order

REMOVAL PROCEEDINGS

Alienage and Identity

Asylum/Witholding of Removal

Burden of Proof

Competency

Evidence

Filing Deadlines

Immigration Judges

Minors

Naturalization

Notice

Prosecutorial Discretion

Refugees

Termination

Witnesses

SECTION 209(C) WAIVERS

SECTION 212(C) WAIVERS

Adjustment of Status

Aggravated Felonies

Comparable Grounds of Inadmissibility

Drug Offenses

Factors

Falsification of Documents

Residence and Domicile

Retroactivity

SECTION 212(H) WAIVERS

SECTION 212(I) WAIVERS

SECTION 213 WAIVERS

SECTION 237(A)(1)(H) WAIVERS

SECTION 241(A)(1)(H) WAIVERS

SMUGGLING OF ALIENS

SUSPENSION OF DEPORTATION

Extreme Hardship

Physical Presence

Stop-Time Rule

TEMPORARY PROTECTED STATUS

VISA PETITIONS

Adam Walsh Act

Adoption

Legitimated Children

Employment-Based

Marriage

Pending, Continuance for

Pending, Reopening for

Stepchildren

Widows

VOLUNTARY DEPARTURE

Appeal Waiver

Bond

Conditions

Duty to Inform

Failure to Depart

In Absentia Proceedings

Motions to Reopen

Standards

WITHHOLDING OF REMOVAL

Burden of Proof

Convention Against Torture (CAT) Claims

Particularly Serious Crime

Removal Order Requirement

Right to Hearing

Continue to Adjustment of Status