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In re N-A-M

2 Analyses of this admin-law by attorneys

  1. 4th Circuit: Crime may be a particularly serious offense even though it’s not an aggravated felony

    University of Denver Sturm College of LawMarch 2, 2010

    ” Gao, No. 07-2070, slip. op at 7.In contrast, in Matter of N-A-M-, 24 I&N Dec. 336, 337 (BIA 2007), the BIA held that a PSC “need not be an aggravated felony.” Gao, No. 07-2070, slip. op at 7.

  2. 10 Cir rejects retroactivity of BIA decisions which change circuit precedent

    University of Denver Sturm College of LawOctober 22, 2015

    As with our client, the BIA asserts that those changes are owed deference by federal courts no matter how severe the impact. See, e.g., Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012) (regarding the obstruction of justice aggravated felony); Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007) (regarding the particularly serious crime bar to withholding of removal). This week’s decision will help attorneys push back against claims by DHS and the BIA that new BIA interpretations of crime-based removal provisions ought to always apply retroactively.