In re Ruzku

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    The Law Offices of Grinberg & Segal, PLLCAlexander J. SegalJune 13, 2016

    Finally, the Board held that an alien who was inadmissible when he or she adjusted status from temporary resident to permanent resident under INA 245(a)(b)(1) was not lawfully admitted for permanent residence.The Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016) (as amended) [see article]Decided as amended: May 2, 2016 The Board held that an offense relating to failure to appear is an immigration aggravated felony under INA 101(a)(43)(Q) [see section] if a sentence of at least 5 years’ imprisonment could have been imposed for the underlying offense (regardless of whether it was imposed).The Matter of Ruzku, 26 I&N Dec. 731 (BIA 2016) [see article]Decided: March 29, 2016The Board held that the United States Citizenship and Immigration Services (USCIS) should accept sibling-to-sibling DNA test results reflecting a 99.5 percent degree of certainty or higher that a full sibling biological relationship exists, and that such evidence should be considered probative evidence of the sibling relationship.The Matter of Garza-Oliveras, 26 I&N Dec. 736 (BIA 2016) [see article]Decided: May 5, 2016The Board held that when determining if an offense falls under the immigration aggravated felony provision found in INA 101(a)(43)(T) [see section], the categorical approach should be used to determine whether the offense was for failure to appear before a court, but the circumstance-specific approach should be used to determine if the underlying offense was under a court order to answer or dispose of a charge of felony for which a sentence of 2 years’ imprisonment or more may be imposed.The Matter of Gonzalez-Romo, 26 I&N Dec. 743 (BI