In the Matter of Adetiba

1 Analyses of this admin-law by attorneys

  1. BIA: Interprets “single scheme of criminal misconduct” language in multiple CIMT ground of removal

    University of Denver Sturm College of LawJanuary 26, 2012

    ” Matter of Islam, 25 I&N Dec. at 639.The BIA relied quite heavily on its earlier explanation in Matter of Adetiba, 20 I&N Dec. 506 (BIA 1992), of the single scheme clause:“In Matter of Adetiba, 20 I&N Dec. at 512, we concluded that separatecrimes involving the unauthorized use of four different credit cards obtainedin four different fictitious names, which resulted in harm to different victims,did not arise out of a ‘single scheme of criminal misconduct,’ even if theywere committed pursuant to an elaborate plan and the same modus operandiwas used for each offense…. Reviewing our past precedents, we found the statutory language to mean that when an alien has performed an act, which, in and of itself, constitutes a complete, individual, and distinct crime, he is deportable when he again commits such an act, even though one may closely follow the other, be similar in character, and even be part of an overall plan of criminal misconduct.