Read case summaries of select BIA cases issued this last month.
Board of Immigration Appeals (BIA)
Matter of Braithwaite, 28 I&N Dec. 751 (BIA 2023) - Oct. 23, 2023
Holding:
- "Because an appeal accepted under section 460.30 of the New York Criminal Procedure Law is classified as a direct appeal, a respondent with a pending appeal under this section does not have a final conviction for immigration purposes. Brathwaite v. Garland, 3 F.4th 542 (2d Cir. 2021), followed."