BIA rules criminal charges — even without conviction — can sink removal relief

Matter of Germain, 29 I&N Dec. 648 (BIA 2026)  ·  Decided April 6, 2026  ·  Designated as precedent May 26, 2026

The Board of Immigration Appeals has issued a new precedent decision that raises the bar for immigrants seeking to avoid deportation.

In Matter of Germain, the BIA reversed an immigration judge's grant of cancellation of removal for a Haitian lawful permanent resident — overturning a win for a man who had lived in the United States for nearly four decades.

The Board found that his criminal record, including two assault convictions, three firearms convictions, and post-release charges that never resulted in conviction, outweighed strong family ties, long residence, and community contributions.

The key holdings: first, immigration judges must weigh all criminal conduct — including arrests and dismissed charges — not just final convictions. Second, claiming a conviction was a personal struggle for one's family is not the same as accepting responsibility.

The ruling is now binding on all immigration courts nationwide, making it harder for applicants with any criminal history to win discretionary relief.

The full decision is available online at: https://www.justice.gov/eoir/media/1442486/dl?inline

Other BIA decisions are available online at: https://www.justice.gov/eoir/ag-bia-decisions#menu1