Sunday, August 24, 2014
On July 24, the Board of Immigration Appeals issued a decision in which it applied last year’s Supreme Court’s decisions in Moncrieffe v. Holder and Descamps v. United States to modify and clarify the Board’s views on proper application of the categorical approach for determining whether a conviction fits within a criminal removal ground. See Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014). This advisory by the National Immigration Project and Immigrant Defense Project describes the above developments in the BIA’s view of proper application of the categorical approach in the sections below relating to (1) minimum conduct test; (2) divisibility; (3) realistic probability standard; and (4) relief eligibility burden of proof." - IDP, July 31, 2014.