Oct. 10, 2020

This BIA recently published a favorable decision that impacts nearly all noncitizens placed in immigration court removal proceedings with criminal convictions.

In Matter of Voss, 28 I&N Dec. 107 (BIA 2020), the BIA held “if a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted under section 240A(a) of the Immigration and Nationality Act … that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings.”

Put another way, and reading the decision a bit broadly, the BIA has held that if a noncitizen receives immigration relief from an Immigration Judge even though the noncitizen has a criminal conviction, the Department of Homeland Security (DHS) cannot later try to remove a noncitizen solely because of that conviction.  The grant of immigration relief will “waive” many of the immigration consequences that would otherwise follow from a criminal conviction.

This is great news for noncitizens with criminal convictions, and highlights how important it is to secure experienced counsel in immigration court.  If you have a criminal conviction and are concerned about the potential immigration consequences, call the experts at KKTP today!