BIA PRECEDENT TABLE 1995-2010 (Revised 06-18-2010)

This document compiles headnotes from BIA precedent cases published in volumes 21, 22, 23, 24 and 25 of the Administrative Decisions under the Immigration and Nationality Laws of the United States, organized by topic. As such, it includes all BIA cases published from Matter of Esposito (March 30, 1995) to the present.
 http://www.justice.gov/eoir/vll/intdec/precedent_chart/precedent_chart_TOC.html

ADJUSTMENT OF STATUS Arriving Aliens Child Status Protection Act Chinese Student Protection Act Cuban Refugee Adjustment Act Eligibility Rescission of Adjustment of Status Section 245(i) Adjustment ADMINISTRATIVE CLOSURE OF CASES ADMISSION / ENTRY Adjustment of Status Arriving Alien Claimed Status Review Nunc Pro Tunc Permission to Reapply Returning Lawful Permanent Resident Unlawful Reentry Withdrawal of Application for Admission AGGRAVATED FELONIES Accessory After the Fact Adjustment of Status Alien Smuggling Arson Burglary Conspiracy Controlled Substances Crimes of Violence Date of Conviction Divisible Statutes Firearms Fraud and Deceit Misprision of a Felony Obstruction of Justice Perjury Prostitution for Commercial Advantage Rape Robbery Section 212(h) Waivers Sentence Enhancement Sexual Abuse of a Minor Theft Offenses Transportation of Undocumented Aliens AIRLINE FINES AMERICAN BAPTIST CHURCHES (ABC) SETTLEMENT APPEALS Factfinding on Appeal Timeliness Waiver of Right to Appeal ASYLUM Adjustment of Status Country Conditions Countrywide Persecution Credibility and Corroboration Criminal Activity Exclusion Proceedings Firm Resettlement Frivolous Applications Jurisdiction of Immigration Judges North Korean Human Rights Act One-Year Application Deadline Particular Social Group Past Persecution Persecution - Antisemitism Persecution - Clan Membership Persecution - Coercive Population Control Persecution - Cumulative Discrimination Persecution - Domestic Violence Persecution - Drug Informants Persecution - Extortion Persecution - Female Genital Mutilation Persecution - Guerrilla Recruitment Persecution - Kidnapping Persecution - Mixed Motives Persecution - Nonphysical Harm Persecution - Rape Persecution - Reasons for Persecution Persecution - Religion Persecution - Wealth Stowaways Terrorists Visa Waiver Program Well-founded fear ATTORNEY DISCIPLINE ATTORNEY GENERAL CERTIFICATION BACKGROUND AND SECURITY CHECKS CANCELLATION OF REMOVAL (LAWFUL PERMANENT RESIDENTS) Continuous Residence Criminal Convictions Standards CANCELLATION OF REMOVAL (NON-LAWFUL PERMANENT RESIDENTS) Continuous Residence Criminal Convictions Exceptional and Extremely Unusual Hardship Good Moral Character Ineligible Aliens Qualifying Relatives

CANCELLATION OF REMOVAL (SPECIAL RULE) Continuous Physical Presence Battered Spouse CHILD PROTECTION ACT CITIZENSHIP Acquisition of Citizenship by a Child Ineligible to Citizenship CONTINUANCES CONTROLLED SUBSTANCE DEPORTABILITY CONVENTION AGAINST TORTURE Acquiesence of Public Official Burden of Proof Definition of Torture Jurisdiction CRIMES INVOLVING MORAL TURPITUDE Assault Cancellation of Removal Eligibility Child Pornography Controlled Substances Corporal Injury on a Spouse Date of Admission Defined Domestic Battery Driving Under the Influence Failure to Register as Sex Offender Financial Violations Misprision of a Felony Money Laundering Purely Political Offense Section 212(c) Eligibility Stalking Theft Trafficking in Counterfeit Goods CRIMINAL CONVICTIONS             Court Martial Finality Foreign Convictions Deferred Adjudication Naturalization Pardons Penalty or Punishment Records of Conviction Rehabilitative Statutes Sentence Vacated Convictions Violations Youthful Offenders DETENTION AND BOND Jurisdiction Mandatory Detention National Security Considerations Pending Appeals Standards Terrorists Transition Period Custody Rules (TPCR) EXCLUSION PROCEEDINGS Adjustment of Status Asylum In Absentia Proceedings Motion to Terminate Proceedings Parole EXPEDITED REMOVAL Claimed Status Review FIREARMS OFFENSES FOREIGN POLICY GROUNDS DEPORTABILITY Adverse Foreign Policy Consequences Espionage GOOD MORAL CHARACTER IN ABSENTIA PROCEEDINGS Custody Exceptional Circumstances Exclusion Proceedings Immigration Judges Ineffective Assistance of Counsel Jurisdiction Notice to Alien Section 242(b) Proceedings Stays Voluntary Departure Warnings for Failure to Appear INADMISSIBILITY Controlled Substance Violation Falsely Claiming Citizenship (Section 212(a)(6)(C)(ii)) Prostitution (Section 212(a)(2)(D) INEFFECTIVE ASSISTANCE OF COUNSEL Advice to Client In Absentia Proceedings Standards MARRIAGE FRAUD Marriage During Proceedings Section 216(c)(4) Hardship Waivers

MINORS MOTIONS TO RECONSIDER Affirmances Without Opinion Deadlines Sua Sponte Authority Untimely Appeals MOTIONS TO REMAND Joint Motions Time and Number Limits MOTIONS TO REOPEN Burden of Proof Coercive Family Planning Claims Deadlines Joint Motions Jurisdiction Sua Sponte Authority Time and Number Limits Voluntary Departure NATURALIZATION ORDERS TO SHOW CAUSE PAROLE PROTECTIVE ORDERS REAL ID ACT RECOGNITION AND ACCREDITATION REFUGEES Date of Admission Jurisdiction REINSTATEMENT OF REMOVAL REMOVAL GROUNDS Crime of Child Abuse Smuggling REMOVAL PROCEEDINGS Alienage and Identity Burden of Proof Immigration Judges Minors Naturalization Prosecutorial Discretion Refugees SECTION 209(C) WAIVERS SECTION 212(C) WAIVERS Adjustment of Status Aggravated Felonies Comparable Grounds of Inadmissibility Drug Offenses Factors Falsification of Documents Residence and Domicile Retroactivity SECTION 212(H) WAIVERS SECTION 212(I) WAIVERS SECTION 213 WAIVERS  SECTION 237(A)(1)(H) WAIVERS SECTION 241(A)(1)(H) WAIVERS SMUGGLING OF ALIENS SUSPENSION OF DEPORTATION Extreme Hardship Physical Presence Stop-Time Rule TEMPORARY PROTECTED STATUS VISA PETITIONS Adoption Legitimated Children Employment-Based Marriage Pending, Continuance for Pending, Reopening for Widows VOLUNTARY DEPARTURE Appeal Waiver Bond Conditions Duty to Inform Failure to Depart In Absentia Proceedings Motions to Reopen Standards WITHHOLDING OF REMOVAL Convention Against Torture (CAT) Claims Particularly Serious Crime             Removal Order Requirement