Unpub. BIA: Head-Butting a Peace Officer Not a CIMT

"Although we find no clear error in the Immigration Judge's decision to credit the police report, we respectfully disagree with his conclusion that the conduct described therein is a CIMT. In order for assault on a police officer to qualify as a CIMT, there must be an intentional act combined...

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...

BIA on Crime of Violence: Matter of Turou (unpub.)

"[W]e agree with the respondent's contention that pursuant to the Court's decision in Moncrieffe v. Holder, there is "a realistic probability, not a theoretical possibility," that the State of Delaware would apply its Assault in the Second Degree statute to conduct that falls outside...

Unpub. BIA on "Legally Impossible" Crimes: Matter of Clase

Ben Winograd writes: "I'm happy to share this favorable BIA decision in a case I litigated with Susan Pai. The Board held that *attempted* second degree gang assault is not a CIMT because, as New York courts have found, it is a "legally impossible" crime for trial purposes. The Board...