This Casenote will discuss both the origins of the LIFE Act and its early potential, and then focus attention on the BIA decision itself in Briones and its impact on immigration courts and U.S. courts of appeals. In Part II, this Casenote will give a brief overview of the LIFE Act and its creation. Parts III and IV will discuss the issues presented in Briones, the facts of the case, and the BIA?s decision. In Part V, the Casenote will then analyze the decision in Briones as it conflicts with previous case law from multiple circuit courts of appeal and goes against the congressional intent behind the LIFE Act. Additionally, Part VI will evaluate the negative impact of Briones? various public policy concerns. The Casenote will conclude in part VII by imploring the BIA to reevaluate the issues addressed in Briones and urge the U.S. Congress to amend the LIFE Act to include a precedent clause stating that § 245(i) of the Immigration and Nationality Act (INA) trumps INA § 212(a)(9)(C)(i)(I)?s definition of inadmissibility.
One Time Too Many: In re Briones and the BIA's Rigid Interpretation of the LIFE Act and its Dire Consequences for Undocumented Reentry,
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol12/iss2/9