The Attorney General has reversed 18 years of agency precedent and determined that sentencing modifications will no longer be effective for immigration purposes unless they are premised on legal error in the underlying criminal proceedings. The Attorney General also overruled two cases that held that the Full Faith and Credit Clause applies to agencies, such as the Immigration Courts and the Board of Immigration Appeals. Notably, the Attorney General left in place current federal case law dictating which party bears the burden of proof of establishing the reason for a sentence modification.

The full text of Matter of Thompson and Matter of Thomas can be found here:

https://www.justice.gov/eoir/page/file/1213201/download

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