AILA and Partners Argue BIA's Methodology Creates Uncertainty Regarding Criminal Convictions

Petitioner was charged and convicted of Assault with Intent to Rob or Steal in violation of Massachusetts law. The offense was not charged as attempted robbery under Massachusetts law, though Massachusetts law contains attempt offenses. Nevertheless, DHS charged Petitioner as removable for the aggravated felony of attempted theft. In sustaining this removal ground, the BIA converted a completed act X (not an aggravated felony) with intent to commit different act Y, into the aggravated felony of attempted Y, even though the element of attempt was not established by the conviction.

AILA and partners submit an amicus brief to the Fourth Circuit in Baptista v. Garland, explaining the wider implications of the Board's decision for defense attorneys, the immigration attorneys who advise them, and the criminal justice system as a whole.