In the Matter of Ibarra, the BIA found aggravated felony theft under INA 101(a)(43)(G) includes extortionate takings where consent is obtained through force, fear, or threats
Judge Malphrus of the BIA issued an interesting concurring opinion in Matter of Chairez IV addressing the strict approach to divisibility in immigration proceedings.
The BIA issued a decision in the Matter of Chairez discussing Voisine and when it could “peek” at the record to determine if a conviction was an aggravated felony.
CAA Adjustment, Cuban adjustment, Cuban Refugee Adjustment Act, Cuban national or citizen, Special parole program
In the Matter of Chairez, the BIA held that the categorical approach must be used when a criminal statute presents different means for satisfying a single element.
With the SCOTUS decision in Mathis, the AG lifted her stay on two BIA decisions regarding the categorical approach and modified categorical approach
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