BIA: Consider Aliens’ Crimes, Not Just their Convictions, in Exercising the AG’s Discretion

June 4, 2026 · WOWERI

The Board of Immigration Appeals (BIA) has clarified the approach to discretionary relief for aliens with convictions. Immigration judges must now consider not only the convictions, but also the underlying crimes.

Introduction

The Board of Immigration Appeals (BIA) has clarified the approach to discretionary relief for aliens with convictions in the Matter of Mills case. Immigration judges must now consider not only the convictions, but also the underlying crimes when providing discretionary relief.

What has Changed

Previously, immigration judges only considered the convictions when providing discretionary relief. However, they must now consider the circumstances of each case, including the severity of the crime, the degree of culpability, and other factors.

Impact on Aliens with Convictions

This decision may have significant implications for aliens with convictions who are seeking discretionary relief. They must now be prepared to provide detailed information about their crimes, including the circumstances surrounding the crime and their degree of culpability.

Conclusion

The BIA's decision in the Matter of Mills case establishes a new approach to discretionary relief for aliens with convictions. Aliens seeking discretionary relief must be aware of this change and be prepared to provide detailed information about their crimes.

Source: cis.org