In re Brieva-Perez

1 Analyses of this admin-law by attorneys

  1. BIA: Leveling the playing field for § 212(c) relief

    University of Denver Sturm College of LawApril 22, 2014

    As applied, two precedents emerged from this convoluted history: (1) LPRs who were deportable under the “sexual abuse of a minor” or (2) “crime of violence” aggravated felony categories were ineligible for section 212(c) relief because those categories lacked substantially equivalent statutory counterparts in the inadmissibility grounds. Id. (citing Matter of Brieva, 23 I&N Dec. 766 (BIA 2005) (crime of violence)); (Matter of Blake, 23 I&N Dec. 722 (BIA 2005) (sexual abuse of a minor)). Then, “[b]eginning in 1990, Congress placed a series of increasingly strict limits on the availability of § 212(c) relief for LPRs with criminal convictions.”