-
Original Date Announced
October 25, 2019AG Barr decides Matter of Thomas and Thompson, holding that the tests set forth in Matter of Cota, Matter of Song, and Matter of H. Estrada no longer govern the effect of state court orders that modify, clarify, or otherwise alter a criminal sentence. Barr held that such state court orders will be given effect for immigration purposes only when the orders are based on a procedural or substantive defect in the underlying criminal proceeding. They will have no effect for immigration purposes when they are based on reasons unrelated to the merits of the underlying criminal proceeding, such as rehabilitation or immigration hardship.
[ID #222]
Matter of Thomas and Thompson, 27 I&N Dec 674 (AG 2019)Effective Date
October 25, 2019Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: AdjudicationSubject Matter: Hearings and AdjudicationsPre Trump-Era Policies
- September 5, 2001 Matter of Song, 23 I&N Dec. 173 (BIA 2001)
- June 11, 2003 Matter of Pickering, 23 I&N Dec. 621 (BIA 2003)
- November 18, 2005 Matter of Cota, 23 I&N Dec. 849 (BIA 2005)
- May 27, 2016 Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016)
Documents
Trump-Era Policy Documents
-
New Policy
Original Source:
Matter of Thomas and Thompson, 27 I&N Dec 674 (AG 2019)
-
Prior Policy
Original Source:
Matter of Song, 23 I&N Dec. 173 (BIA 2001)
-
Prior Policy
Original Source:
Matter of Pickering, 23 I&N Dec. 621 (BIA 2003)
-
Prior Policy
Original Source:
Matter of Cota, 23 I&N Dec. 849 (BIA 2005)
-
Prior Policy
Original Source:
Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016)
-
Commentary
Original Source:
A.G. Decision Ends Recognition of Sentence Modifications
Commentary
CLINIC - AG Decision Ends Recognition of Sentence Modification
Go to article