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AG Barr issues Matter of Reyes, expanding what can qualify as an aggravated felony conviction

  1. Date Announced

    July 30, 2020

    AG Barr issues Matter of Reyes, holding that if a respondent's criminal conviction is not an aggravated felony but the elements of the conviction can be combined to form one, then the respondent will be deemed to have committed an aggravated felony for immigration purposes. Per Barr, "[w]hat matters is that a serious crime necessarily falls within the definition somewhere, not whether it falls within one particular prong or another." The decision sharply criticizes the categorical approach in dicta, but concedes that the Supreme Court has spoken on the issue.

    [ID #1133]

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  2. Effective Date of Change

    July 30, 2020
Status: Final/Actual
Type of Action: Adjudication
Subject Matter: Hearings and Adjudications
Agencies Affected: AG EOIR

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