Summary of Recent Published Immigration Cases by the BIA and U.S. Court of Appeals for the Eleventh Circuit.

Recent Published BIA Decisions:

Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014); Board held that Fla. Stat. § 893.13(1)(a)(1) (Sale/manufacture/delivery of a controlled substance or possession with intent to do so) is divisible, and may be an aggravated felony “illicit trafficking” offense under INA § 101(a)(43)(B) under certain circumstances.

Matter of C-C-I-, 26 I&N Dec. 375 (BIA 2014): Board provided guidance on the process for terminating deferral of removal protection under Article III of the United Nations Convention Against Torture (DCAT).

Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014); Board held that “married women in Guatemala who are unable to leave their relationship,” is potentially a legally cognizable particular social group.

Matter of Hernandez, 26 I&N Dec. 397 (BIA 2014); California conviction for malicious vandalism with a gang enhancement is a categorical CIMT.

Recent Published Eleventh Circuit Decisions:

Malu v. U.S. Att’y Gen., 2014 U.S. App. LEXIS 15923, 2014 WL 4073115, Docket Number 13-10409; Circuit Court held that petitioner waived her argument that her conviction was not an aggravated felony when she failed to contest the allegation when she was originally served with notice that she was subject to administrative removal due to her aggravated felony conviction.

Rivas v. U.S. Att’y Gen., Docket Number 13-13069, Decided September 3, 2014; Circuit Court held that nunc pro tunc stand-alone INA § 212(h) waiver does not exist.


Martinez v. U.S. Att’y Gen., Docket Number 13-14524 (11th Cir., August 19, 2014); Circuit Court held, in an unpublished decision, that non-citizen’s pre-trial intervention program documents wherein she admitted her guilt as to the pending possession of cocaine criminal charge, could be used to establish that she was inadmissible under INA § 212(a)(2)(A)(i)(II) as an alien who admitted committing an offense related to a controlled substance.

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