Lopez Orellana v. Garland "The question presented here is whether the Louisiana accessory-after-the-fact statute, LA.REV. STAT. § 14:25, is a categorical match for the generic federal offense...
USCIS, Sept. 18, 2024 "Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months...
Singh v. Garland "Petitioner Varinder Singh, a native and citizen of India, seeks rescission of a removal order entered in absentia. We previously granted Singh’s petition because the government...
BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping...
Castellanos-Ventura v. Garland "Petitioner Bessy Orbelina Castellanos-Ventura, a native and citizen of Honduras, seeks review of an April 19, 2021 decision of the Board of Immigration Appeals (BIA...
Matter of Chairez-Castrejon, Matter of Sama, 26 I&N Dec. 796 (A.G. 2016) - "By Attorney General Order No. 3583-2015 (Oct. 30, 2015), I directed the Board of Immigration Appeals (“Board”), pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2015), to refer to me the above-captioned cases for review of the Board’s decisions. The Board’s decisions were automatically stayed pending my review. To assist me in my review, I invited the parties to these proceedings and interested amici to submit briefs addressing the following issue:
What is the proper approach for determining “divisibility” within the meaning of Descamps v. United States, 133 S. Ct. 2276 (2013)? In particular, does Descamps require that a criminal statute be treated as “divisible” for purposes of the modified categorical approach only if, under applicable law, jurors must be unanimous as to the version of the offense committed?
After the parties and interested amici submitted their briefs, the United States Supreme Court granted a petition for a writ of certiorari in Mathis v. United States, No. 15-6092, a case presenting the question of the appropriate method for determining “divisibility” in the context of a criminal prosecution. See 136 S. Ct. 894 (2016) (mem.). On June 23, 2016, the Supreme Court issued its decision in Mathis. See 136 S. Ct. 2243 (2016). I now hereby lift the stay and remand these cases to the Board for any appropriate action."