BIA SETS FORTH FACTORS FOR EVALUATING DELAYED BIRTH CERTIFICATES: MATTER OF REHMAN, 27 I&N DEC. 124 (BIA 2017)

3903

BIA HEADNOTE:

”Where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all the other evidence of record and the circumstances of the case, to determine whether the petitioner has submitted sufficient reliable evidence to demonstrate the claimed relationship by a preponderance of the evidence.”

BIA PANEL:  Judge Adkins-Blanch, Vice Chair; Appellate Immigration Judges Mann and Kelly

OPINION BY: Judge Ana L. Mann

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The point of this decision is that in dealing with a non-contemporaneous birth certificate (here in the context of a Visa Petition Proceeding, but the issue also arises in Removal Proceedings) the adjucdicator cannot reject it as probative evidence simply because it was not contemporaneous. The adjudicator must examine all the factors in weighing the certificate, including factors indicating reliability.

Here, the BIA correctly rejected the Director’s phantom “one-year rule” that automatically required the submission of “secondary evidence” if the birth certificate was issued one year or more after the birth.

PWS

09-22-17

BIA SHOWS AGAIN HOW YOU DON’T HAVE TO BE CONVICTED TO BE “CONVICTED” UNDER THE INA: Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017)

3900

BIA HEADNOTE:

“Entry into a pretrial intervention agreement under Texas law qualifies as a “conviction” for immigration purposes under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2012), where (1) a respondent admits sufficient facts to warrant a finding of guilt at the time of his entry into the agreement, and (2) a judge authorizes an agreement ordering the respondent to participate in a pretrial intervention program, under which he is required to complete community supervision and community service, pay fees and restitution, and comply with a no-contact order.”

PANEL: BIA APPELLATE IMMIGRATION JUDGES GRANT, PAULEY, MANN

OPINION BY: JUDGE GRANT

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Under the INA state criminal proceedings cannot be “relitigated” in U.S. Immigration Court. States go to great lengths to relieve certain first or minor offenders of the legal consequences of a conviction. But, at that point, the INA ditches out state determinations and imposes its own broad definition of “conviction.” Rule: Whatever is necessary to screw the migrant!

PWS

09-07-17

NEW PRECEDENT: BIA FINDS THAT SOLICITING AN UNDERCOVER POLICE OFFICER COUNTS AS SOLICITING A “MINOR” UNDER ADAM WALSH ACT — MATTER OF IZAGUIRRE, 27 I&N DEC. 67 (BIA 2017)

https://www.justice.gov/eoir/page/file/983601/download

BIA Headnote:

“An offense may be a “specified offense against a minor” within the meaning of section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, 592, even if it involved an undercover police officer posing as a minor, rather than an actual minor.”

BIA PANEL: Vice Chair/Appellate Immigration Judge Adkins-Blanc; Appellate Immigration Judges Guendelsberger and Mann

OPINION BY: Judge Ana L. Mann

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PWS

07-22-17