In re Velasquez-Rios

1 Analyses of this admin-law by attorneys

  1. BIA rejects retroactive application of California sentencing change

    Denver University Sturm College of LawCésar Cuauhtémoc García HernándezJanuary 29, 2019

    By Kim LangonaIn Matter of Velasquez-Rios, issued on October 4, 2018, the Board of Immigration Appeals (BIA or the Board) concluded that federal law, rather than state law, must be used to determine the immigration consequences of a state conviction. 27 I&N Dec. 470, 474 (BIA 2018). Thus, a 2014 California legislative enactment that “retroactively lowered the maximum possible sentence” for a state conviction “from 365 days to 364 days, does not affect the applicability of section 237(a)(2)(A)(i)(II) of [the Immigration and Nationality Act] to a past conviction for a crime involving moral turpitude ‘for which a sentence of one year or longer may be imposed.