Holding that "the principle announced and held in Ozkok[, 19 I. & N. Dec. 546 (BIA 1988)] — that a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted or waived — is [] alive and well in this Circuit" (quotation marks, footnote omitted)
Granting petition of alien whose criminal appeal was reinstated after his order of removal became final and remanding to the BIA to determine if pendency of criminal appeal barred removal
8 U.S.C. § 1101 Cited 16,700 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status