§
In re Teixeira

2 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

    This is why police reports can’t be used to determine that a conviction exists. Matter of Teixeira, 21 I&N Dec. 316 (BIA 1996).Furthermore, the Board doesn’t explain what the judge “relied on” the prosecutor’s report for. As the basis to accept a plea?

  2. BIA: Police report may be considered for determining removability under modified categorical approach

    University of Denver Sturm College of LawFebruary 23, 2010

    The non-citizen’s stipulation regarding the police report proved to be the critical fact in the BIA’s decision.The Board acknowledged the longstanding position enunciated in Matter of Teixeira, 21 I&N Dec. 316, 319 (BIA 1996), that a police report does not form part of the record of conviction. In that very sentence, however, the Board went on to limit Matter of Teixeira in a manner that may have a substantial impact on many non-citizens.