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JACKSON and ERANDIO

BIAJuly 1, 2014No. ID 3802Cited 6 times
Defendant WinJACKSON and ERANDIO

Case Details

Status
Published
Procedural Posture
BIA administrative appeal

Related Laws

No specific laws identified for this ruling.

Outcome

BIA upheld Section 402(a)(2) of the Adam Walsh Child Protection and Safety Act as not having impermissible retroactive effect when applied to pre-enactment convictions for specified offenses against minors.

Excerpt

JACKSON and ERANDIO, 26 I&N Dec. 314 (BIA 2014) ID 3802 (PDF) Section 402(a)(2) of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, 622, which bars the approval of a family-based visa petition filed by a petitioner who has been convicted of a "specified offense against a minor" and has not shown that he poses "no risk" to the beneficiary, does not have an impermissible retroactive effect when applied to convictions that occurred before its enactment.

What This Ruling Means

**What Happened** This case involved a person trying to sponsor a family member for a U.S. visa or green card. The person filing the petition (Jackson and Erandio) had been convicted of a crime against a minor before 2006. However, a new law passed in 2006 called the Adam Walsh Child Protection and Safety Act created stricter rules. This law says that people convicted of certain crimes against children cannot sponsor family members for visas unless they can prove they pose no risk to the person they want to bring to the U.S. **What the Court Decided** The Board of Immigration Appeals ruled that the 2006 law could be applied to convictions that happened before the law was passed. The petition was denied because the person could not meet the new requirements, even though their conviction occurred before the law existed. **Why This Matters for Workers** This decision affects workers who want to bring family members to the U.S. through employment or family-based immigration. It shows that new immigration laws can sometimes apply to past actions or convictions. Workers with any criminal history should understand that changing laws might affect their ability to help family members immigrate, even for older convictions.

This summary was generated to explain the ruling in plain English and is not legal advice.

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