BIA Deference to Serious Crime
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
What an immigration judge may refer to in deciding,
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
