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Practice Advisory: The Realistic Probability Standard

Just released practice advisory: “The Realistic Probability Standard: Fighting Government Efforts to Use It to Undermine the Categorical Approach”

In its September 22 decision in Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014), the Board of Immigration Appeals took an expansive view of the realistic probability test for assessing whether a criminal statute covers conduct outside of a charged removal ground under the categorical approach.

IDP and the National Immigration Project have issued an advisory in response to this Board decision. This practice advisory assesses the current state of the federal court and agency case law on the realistic probability standard, and provides practice tips and litigation strategies for meeting this standard in immigration and criminal proceedings.

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