Split En Banc CA9 on Modified Categorical Approach: Young v. Holder

Majority : "The evidentiary limitations articulated in Shepard v. United States, 544 U.S. 13, 26 (2005), apply when determining, under the modified categorical approach, whether a prior conviction renders an alien ineligible for cancellation of removal as an aggravated felon under 8 U.S.C. §...

ILRC Update: The Categorical Approach in the Ninth Circuit

September 2012 Update : The Categorical Approach in the Ninth Circuit and United States v. Aguila-Montes de Oca (9th Cir. 2011) (en banc), Young v. Holder (9th Cir. Sept. 17, 2012) (en banc)

Practice Advisory: Matter of Davey & the Categorical Approach

"This practice advisory discusses the Board of Immigration Appeals (BIA) decision in Matter of Davey, 26 I&N Dec. 37 (BIA 2012) and its holding that the categorical approach does not apply to the “possession of 30 grams of marijuana” exception to deportability found in 8 U.S.C. §...

CA1 on CIMT, Modified Categorical Approach: Patel v. Holder

"In 2003, petitioner Nupur Patel pled guilty to conspiracy-to-commit-larceny charges stemming from a scheme in which he stole from the dorm rooms of his college classmates. As a result, an Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) found that Patel, at the time a lawful permanent...

Unpub. BIA Categorical Approach Victory: N.Y. Child Welfare Statute

"DHS must prove that 260.10(1) of the New York Penal Law categorically falls within the ambit of a crime of child abuse, neglect or abandonment. Although our standard in Soram is broadly interpreted, we nonetheless agree with the Immigration Judge that N.Y. Penal Law § 260.10(1) is facially...

Practice Advisory: Descamps v. U.S. and the Modified Categorical Approach

"This practice advisory covers: (1) the holding in Descamps; (2) why this criminal case is equally applicable to the categorical approach used in immigration proceedings; and (3) the decision’s potential implications for specific removal grounds." - By Dan Kesselbrenner, Isaac Wheeler...

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...

The Immigration Law Nerd Channel: Categorical Analysis of Immigration Consequences

A 6-minute intro to the strict categorical analysis that determines whether a state (or other) conviction will have federal immigration consequences under United States immigration law. By Maureen A. Sweeney , University of Maryland Carey School of Law, Immigration Clinic, July 21, 2014 .

BIA on Realistic Probability Test: Matter of Ferreira

Official Headnote: Where a State statute on its face covers a controlled substance not included in the Federal controlled substances schedules, there must be a realistic probability that the State would prosecute conduct under the statute that falls outside the generic definition of the removable offense...

CA5 on Descamps: Franco-Casasola v. Holder

Majority : "Donald Efren Franco-Casasola’s petition for panel rehearing is DENIED. We withdraw our prior opinion of March 6, 2014, and substitute the following. The Board of Immigration Appeals (“BIA”) determined that Franco-Casasola was ineligible for cancellation of removal due...