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BIA Deference Given to Particularly Serious Crime

Appealing an Immigration Court Decision to the BIA


As Immigration and Nationality Act is silent regarding the basis for determining whether a conviction is for a particularly serious crime, Interpretation by Board of Immigration Appeals of what an immigration judge may refer to in deciding whether a prior offense met that standard is entitled to deference.
All reliable information may be considered in making a particularly serious crime determination,
Including an alien’s removal hearing testimony under oath on his own behalf to obtain relief from removal.
IJ and BIA appropriately considered nature of alien’s conviction, underlying facts of conviction,
And type of sentence imposed when reaching conclusion that alien’s drunken driving conviction constituted a particularly serious crime.
Anaya-Ortiz v. Holder – filed January 25, 2010