context: In addition, the BIA has recognized that there are limitations in considering this .evidence of alleged criminality.
citation_a.signal: see
citation_a.identifier: 769 F.2d 1001, 1005
citation_a.parenthetical: "Evidence of an alien's conduct, without a conviction, may be considered in denying the discretionary relief of voluntary departure."
citation_a.sentence: See, e.g., Henry v. I.N.S., 74 F.3d 1, 5-7 (1st Cir.1996) (upholding the BIA’s consideration of a 1992 arrest for allegedly assaulting a police officer, which the BIA considered but gave little weight, in denying the petitioner’s request for adjustment of status); Paredes-Urrestarazu v. I.N.S., 36 F.3d 801, 810 (9th Cir.1994) (“[W]e think that the breadth of the section 212(c) [discretionary] inquiry permits the Board to consider evidence of conduct that does not result in a conviction.”); Junkovic v. Moyer, No. 90-3749, 1991 WL 225803, at *3-4 (7th Cir. Nov. 4, 1991) (unpublished) (permitting consideration of “rap sheets” for “the sole purpose of determining whether discretion should be exercised”); Parcham v. I.N.S., 769 F.2d 1001, 1005 (4th Cir.1985) (“Evidence of an alien’s conduct, without a conviction, may be considered in denying the discretionary relief of voluntary departure.”); see also Shepherd v. U.S. Att’y Gen., 559 Fed.Appx. 837, 840 (11th Cir.2014) (per curiam) (“In deciding whether an alien warrants a favorable exercise of discretion, the BIA may consider evidence of criminal conduct or other unbecoming behavior, regardless of whether that conduct led to or is reflected in a criminal conviction.”); Carcamo v. U.S. Dep’t of Justice, 498 F.3d 94, 98 (2d Cir.2007) (“[PJolice reports and complaints, even if containing hearsay and not a part of the formal record of conviction, are appropriately admitted for the purposes of considering an application for discretionary relief.”).
citation_b.signal: see also
citation_b.identifier: 559 Fed.Appx. 837, 840
citation_b.parenthetical: "In deciding whether an alien warrants a favorable exercise of discretion, the BIA may consider evidence of criminal conduct or other unbecoming behavior, regardless of whether that conduct led to or is reflected in a criminal conviction."
citation_b.sentence: See, e.g., Henry v. I.N.S., 74 F.3d 1, 5-7 (1st Cir.1996) (upholding the BIA’s consideration of a 1992 arrest for allegedly assaulting a police officer, which the BIA considered but gave little weight, in denying the petitioner’s request for adjustment of status); Paredes-Urrestarazu v. I.N.S., 36 F.3d 801, 810 (9th Cir.1994) (“[W]e think that the breadth of the section 212(c) [discretionary] inquiry permits the Board to consider evidence of conduct that does not result in a conviction.”); Junkovic v. Moyer, No. 90-3749, 1991 WL 225803, at *3-4 (7th Cir. Nov. 4, 1991) (unpublished) (permitting consideration of “rap sheets” for “the sole purpose of determining whether discretion should be exercised”); Parcham v. I.N.S., 769 F.2d 1001, 1005 (4th Cir.1985) (“Evidence of an alien’s conduct, without a conviction, may be considered in denying the discretionary relief of voluntary departure.”); see also Shepherd v. U.S. Att’y Gen., 559 Fed.Appx. 837, 840 (11th Cir.2014) (per curiam) (“In deciding whether an alien warrants a favorable exercise of discretion, the BIA may consider evidence of criminal conduct or other unbecoming behavior, regardless of whether that conduct led to or is reflected in a criminal conviction.”); Carcamo v. U.S. Dep’t of Justice, 498 F.3d 94, 98 (2d Cir.2007) (“[PJolice reports and complaints, even if containing hearsay and not a part of the formal record of conviction, are appropriately admitted for the purposes of considering an application for discretionary relief.”).