B

Citations

• 20 I. & N. Dec. 427

Syllabus

B-, 20 I&N Dec. 427 (BIA 1991) ID 3164 (PDF) (1) The filing with animmigration judge of an application for asylum in exclusion or deportationproceedings is not a continuation or a mere updating of an applicationpreviously filed with the Immigration and Naturalization Service but is,in effect, a new application. (2) Although the applicantin exclusion proceedings had previously filed an asylum application withthe Service in 1980 under the interim asylum regulations, the filing of the application with the immigration judge on April 22, 1991, brings itwithin the purview of the present asylum regulations at 8 C.F.R. §208 (1991). (3) The applicant inexclusion proceedings has been convicted of a particularly serious crime,i.e., aggravated battery, and, therefore, by operation of law, he is ineligiblefor asylum pursuant to 8 C.F.R. § 208.14(c)(1) (1991) and for withholdingof exclusion and deportation under section 243(h)(2)(B) of the Immigrationand Nationality Act, 8 U.S.C. § 1253(h)(2)(B) (Supp. II 1990).