Jorge Hernandez-Hernandez, A045 582 968 (BIA May 20, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime involving moral turpitude because perpetrators need have a specific intent to damage property. The Board also found the statute was not subject to the modified categorical approach under Descamps v. United States, 133 S. Ct. 2276 (2013), which it said overruled the Board’s prior decision on divisibility in Matter of Lanferman, 25 I&N Dec. 721 (BIA 2012). The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman by Vice Chairman Charles Adkins-Blanch.

More Unpublished BIA Decisions

Index of Unpublished Decisions of The Board of Immigration Appeals (2022 edition)

This Index contains links to more than 5,000 unpublished BIA decisions selected for

Ramon Garcia-Fonseca, A075 535 094 (BIA June 5, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) was not inadmissible

Irma Yadira Murillo-Ayala, A078 964 772 (BIA June 3, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an in

Karla Figueroa Briceno, A095 084 539 (BIA May 30, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings at