Licensed to Practice in CA. Practice Focus on Federal Immigration Law. This Blog is Legal Advertisement.
Saturday, June 6, 2020
BIA SSN Case:
Respondent sustained a federal conviction for "misuse of a social security number" in violation of 42 USC Sec. 408(a)(7)(B)...On de novo review, and absent contrary circuit law, we conclude that 42 USC Sec. 408(a)(7)(B) does not define a CIMT under the categorical approach because the minimum conduct that has a realistic probability of being prosecuted under the statute-i.e., using a fictitious social security number to get a job and support one's family, id at 828- is not "reprehensible" enough to warrant CIMT treatment, as indicated by the court in Arias. Arias v. Lynch, 834 F.3d at 826-827. Matter of Silva-Trevino, 26 I&N Dec. 826, 834 (BIA 2016)...Moreover, to the extent Marin-Rodriguez v. Holder, 710 F3d 734 (7th Cir. 2013), can be read to support a contrary result, we are bound by the law of the case principles to follow the Arias court's determination that Marin-Rodriguez in inapposite. See 834 F.3d 830.