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. §...

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...