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In re Diaz-Garcia

Interim Decision #3751 (B.I.A. 2012)
In re Diaz-Garcia

1 Analyses of this admin-law by attorneys

  1. BIA: Illegal deportation doesn’t strip BIA of jurisdiction; says prosecutor’s report is part of record of conviction

    University of Denver Sturm College of LawJuly 3, 2012

    The Board of Immigration Appeals held that an illegal deportation carried out by DHS does not deprive the Board of jurisdiction to consider the deported individual’s appeal. Matter of Diaz-Garcia, 25 I&N Dec. 794 (BIA 2012) (Pauley, Guendelsberger, and Adkins-Blanch, Board Members). In addition, in deciding that the Arkansas residential burglary offense is an aggravated felony, the Board considered a prosecutor’s report as part of the record of conviction.