Below is my summary of the recent Board of Immigration Appeals decisions. Please contact me if you have any questions or comments about the cases, my interpretations thereof or if you need my legal assistance.
Matter of Agour, 26 I&N Dec. 566 (BIA 2015); In a potentially huge decision, the Board held that an immigrant who adjusted their status while in the United States can qualify for an INA § 237(a)(1)(H) fraud waiver. The Board had previously held that only those immigrants who were admitted from abroad (consular processed) and met the other statutory requirements were eligible for this rare and oft-overlooked waiver. This decision appears to pave the way for otherwise-admissible immigrants who committed fraud or a material misrepresentation during adjustment (i.e. marriage fraud) to obtain this waiver to maintain status and avoid removal.
Matter of Z-Z-O-, 26 I&N Dec. 586 (BIA 2015); The Board held that an Immigration Judge’s determination of future events in the context of an asylum case, is a finding of fact and subject to a clearly erroneous standard of review. The Board also held that whether an applicant has a objectively reasonable fear of future persecution is a legal determination and subject to a de novo standard of review.