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Supreme Court on 'Aggravated Felony' - Moncrieffe v. Holder

"The Immigration and Nationality Act (INA), 66 Stat. 163, 8 U. S. C. §1101 et seq., provides that a noncitizen who has been convicted of an “aggravated felony” may be deported from this country. The INA also prohibits the Attorney General from granting discretionary relief from...

Unpub. BIA Agg. Fel. Remand: Matter of Lucio Chavez

"[T]he respondent expressed an intention to apply for a waiver under former section 212(c) of.the Act, 8 U.S.C. § I I 82(c) (1988), but in a very brief decision the Immigration Judge found him ineligible for such relief on the ground that his 2011 conviction for assault on a public servant...

Nevada Gross Misdemeanor Statute Modified to 364 Days

" Nevada Governor Brian Sandoval last week signed into law a bill that did not get much press , reducing the maximum penalty for a "gross misdemeanor" from 1 year or less to 364 days. This change will help ensure that noncitizens convicted of minor state offenses will not be subject to...

BIA on Aggravated Felony: Matter of Flores-Aguirre, 26 I&N Dec. 155 (BIA 2013)

The offense of traveling in interstate commerce with the intent to distribute the proceeds of an unlawful drug enterprise in violation of 18 U.S.C. § 1952(a)(1)(A) (2006) is not an “aggravated felony” under section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. §...

Unpub. BIA on Descamps, Aggravated Felony, 212(h)

"The Department of Homeland Security (DHS) appeals the April 9, 2012, decision of the Immigration Judge, which incorporates his December 14, 2011, interim decision, finding that the respondent's conviction was not an aggravated felony and granting the respondent, as a matter of discretion, a...

Matter of Oppedisano, 26 I&N Dec. 202 (BIA 2013)

Matter of Oppedisano, 26 I&N Dec. 202 (BIA 2013) - The offense of unlawful possession of ammunition by a convicted felon in violation of 18 U.S.C. § 922(g) (2006) is an aggravated felony under section 101(a)(43)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(E)(ii...

CA11 on Aggravated Felony: Donawa v. U.S. Atty. Gen.

"We must decide whether a conviction under Fla. Stat. § 893.13(1)(a)(2) for the possession of cannabis with the intent to sell or deliver is, as a matter of law, a drug trafficking aggravated felony. After a careful review of the record, and with the benefit of oral argument, we conclude that...

CA9 on Aggravated Felony: Aguilar-Turcios II

"In this petition for review of a decision by the Board of Immigration Appeals (“BIA” or “Board”), we address whether Petitioner Rigoberto Aguilar-Turcios’s conviction under Article 92 of the Uniform Code of Military Justice (“UCMJ”) qualifies as an “aggravated...

CA5 on Aggravated Felony: Paez Sarmientos v. Holder

"Andres Paez Sarmientos petitions for review from an order of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ’s) determination that he is not eligible for cancellation of removal because he committed an aggravated felony. Because we hold that the Florida offense...

CA3 on Categorical Approach: Bautista v. Attorney General

"We will grant the petition because the New York attempted arson conviction is not an aggravated felony in respect to collateral immigration consequences under the INA. Applying the categorical approach, as we must, the New York statute under which Bautista was convicted does not match the elements...

Matter of Chavez-Alvarez, Int. Dec. No. 3797, 26 I&N Dec. 274 (BIA 2014)

Matter of Chavez-Alvarez , Int. Dec. No. 3797, 26 I&N Dec. 274 (BIA 2014) (1) Adjustment of status constitutes an “admission” for purposes of determining an alien’s removability under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2...

BIA on Agg. Fel. Theft: Matter of Sierra

"Under the law of the United States Court of Appeals for the Ninth Circuit, the offense of attempted possession of a stolen vehicle in violation of sections 193.330 and 205.273 of the Nevada Revised Statutes, which requires only a mental state of “reason to believe,” is not categorically...

Smart Lawyering Moves Marine Veteran from Potential Deportee to U.S. Citizen Column

"A young man who grew up in Lake County [Cal.] and faced a deportation battle last year celebrated becoming a United States citizen on Friday. Carlos Solorzano took the oath of citizenship in US District Court in Anchorage, Alaska. Solorzano's immigration attorney, Margaret Stock, described...

Unpub. BIA on Tenn. Burglary: Matter of Lloyd

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding aggravated burglary under Tenn. Code Ann. 39-14-403 is not an aggravated felony under INA 101(a)(43)(G). The Board noted that burglary under Tennessee law is broader than...

Matter of CHAIREZ-Castrejon, 26 I&N Dec. 349 (BIA 2014)(Lanferman withdrawn)

Official headnotes, emphasis added: (1) The categorical approach, which requires a focus on the minimum conduct that has a realistic probability of being prosecuted under the statute of conviction, is employed to determine whether the respondent’s conviction for felony discharge of a firearm...

Burning Down the House: Circuits Split on Arson - Isaacson

"The lyrics of the Talking Heads song “Burning Down the House” do not mention whether the house in question was involved in commerce. According to Jones v. United States , 529 U.S. 848 (2000) , however, arson of “an owner-occupied residence not used for any commercial purpose”...

CA7 on Aggravated Misdemeanor; Posner Dissents: Velasco-Giron v. Holder

Matter of Rodriguez-Rodriguez, 22 I&N Dec. 991 (BIA 1999)(en banc), followed. See Posner's dissent. - Velasco-Giron v. Holder, Sept. 26, 2014 .

Unpub. BIA Agg. Fel. Victory: Wash. Rev. Code §§ 9A.28.020(1), 9A.44.089(1)

"The Department of Homeland Security ("DHS') has charged the respondent with removability from the United States as an alien convicted of an "aggravated felony" and a "crime of child abuse." See sections 237(a)(2)(A)(iii) aod 237(a)(2)(E)(i) of the Immigration and Nationality...

CA9 on Conspiracy; Nevada; Burglary; Aggravated Felony: U.S. v. Garcia-Santana

"The government appeals the dismissal of Xochitl Garcia-Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because Garcia was denied her right to seek discretionary...

CA4 on Divisibility: Omargharib v. Holder

"In this appeal, we consider whether Sayed Gad Omargharib’s conviction under Virginia’s grand larceny statute, Va. Code Ann. § 18.2-95, constitutes an “aggravated felony” under the Immigration and Nationality Act (INA) § 101, 8 U.S.C. § 1101(a)(43). The Board...

Unpub. BIA Categorical Approach Victory: Matter of Calderon

"Upon de novo review, we conclude that a conviction under 18 PA. CONS. STAT. § 6312(d) does not qualify categorically as a conviction for an aggravated felony under section 101 (a)(43)(1) of the Act, such that it would render the respondent removable under section 237(a)(2)(A)(iii) of the Act...

Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart

"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with the consent of the owner, and that the...

Double Win for Shagin, Burch: CA3 Remands Chavez-Alvarez, Orders Bond Hearing; Gov't Position 'Scarcely Passes the Laugh Test'

Tremendous victories for Valerie Burch and Craig Shagin ! Hats way off! 1. "Jose Juan Chavez-Alvarez petitions the Court for review of a decision of the Board of Immigration Appeals (BIA) [ Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014) ], which affirmed the determination of the Immigration...

CA1 on Agg. Fel., Crime of Violence: Villanueva v. Holder

"This is a petition for review of a Board of Immigration Appeals (BIA) determination that petitioner Fredy Villanueva is ineligible for consideration for discretionary relief from removal under a special program. The BIA's result depends on an analytical error, and petitioner is eligible for...

CA4 on Agg. Fel. - Amos v. Lynch

"In this appeal, we review consolidated petitions filed by Richard Jesus Amos, a citizen of the Philippines, challenging decisions of the Board of Immigration Appeals (the BIA, or the Board), which dismissed Amos’s appeal from an immigration judge’s order of removal and denied Amos’s...