Matter of Michael Vernon THOMAS and Matter of Joseph Lloyd THOMPSON, Respondents (agency decision, May 28, 2019)

Plain-English summary

The Attorney General referred two Board decisions for review of how a judicial change to a criminal conviction or sentence should affect the immigration consequences of that conviction. The referral covers changes labeled vacatur, modification, clarification, or another term. The Board’s decisions were automatically stayed while the Attorney General reviewed the issue. The order invited briefing from the parties and interested amici and set deadlines for opening and reply briefs.

Decision snapshot

• Cited authority: 8 C.F.R. § 1003.1(h)(1)(i)
• Outcome: The Attorney General referred the two Board decisions for review and stayed them pending review.
• Key point: The order asks when a judicial alteration of a criminal conviction or sentence should control its immigration consequences.

Full text (BIA official public release)

Cite as 27 I&N Dec. 556 (A.G. 2019) Interim Decision #3954

     Matter of Michael Vernon THOMAS, Respondent
     Matter of Joseph Lloyd THOMPSON, Respondent
             Decided by Attorney General May 28, 2019

                     U.S. Department of Justice
                    Office of the Attorney General


             BEFORE THE ATTORNEY GENERAL
Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration

Appeals (“Board”) to refer these cases to me for review of its decisions. The Board’s decisions in these matters are automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me, I invite the parties to these proceedings and interested amici to submit briefs that address whether, and under what circumstances, judicial alteration of a criminal conviction or sentence—whether labeled “vacatur,” “modification,” “clarification,” or some other term—should be taken into consideration in determining the immigration consequences of the conviction.
The parties’ briefs shall not exceed 15,000 words and shall be filed on or
before June 28, 2019. Interested amici may submit briefs not exceeding 9,000 words on or before July 12, 2019. The parties may submit reply briefs not exceeding 6,000 words on or before July 12, 2019. All filings shall be accompanied by proof of service and shall be submitted electronically to [email protected], and in triplicate to:

                 United States Department of Justice
             Office of the Attorney General, Room 5114
                   950 Pennsylvania Avenue, NW
                        Washington, DC 20530

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

                                   556