Thursday, February 9th, 2017

Matter of Diaz-Garcia, ID 3751, 25 I&N Dec. 794 (BIA 2012)

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Matter of Diaz-Garcia, ID 3751, 25 I&N Dec. 794 (BIA 2012) - (1) The unlawful removal of an alien during the pendency of a direct appeal from a deportation or removal order in violation of 8 C.F.R. § 1003.6(a) (2012) does not deprive the Board of Immigration Appeals of jurisdiction to review the appeal. (2) Where an accomplice is defined as one who aids another in the commission of an offense, a person convicted of being an accomplice to a crime has been convicted of the offense as a second-degree principal.