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BIA Precedent Decision

Published: Sep 1, 2006 By: Matthew L. Kolken Source: My Source

The Board of Immigration Appeals has ruled in Matter of O'Cealleagh, 23 I&N Dec. 976 (BIA 2006)  Interim Decision # 3538 that:

 (1) In order for an offense to qualify for the "purely political offense" exception to the ground of inadmissibility under section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I) (2000), based on an alien’s conviction for a crime involving moral turpitude, the offense must be completely or totally "political."

(2) The respondent is inadmissible where he properly conceded that his offense, substantively regarded, was not "purely political," and where there was substantial evidence that the offense was not fabricated or trumped-up and therefore did not qualify from a procedural perspective as a "purely political offense," because the circumstances surrounding his conviction in Northern Ireland for aiding and abetting the murder of two British corporals reflected a sincere effort to prosecute real lawbreakers.

 To read the complete text see: http://www.usdoj.gov/eoir/vll/intdec/vol23/3538.pdf

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