Unpub. BIA Descamps Victory in Oklahoma

"The respondent was convicted of domestic abuse - assault and battery under Oklahoma Statute 21, section 644C. which requires assault and battery against certain types of victims. In Steele v. Oklahoma, 778 P.2d 929 (1989), the Oklahoma Criminal Court of Appeals held that only the slightest touching...

Unpublished BIA Decision of the Month (January 2014)

Ben Winograd writes : "Our featured unpublished decision for January 2014 involves an issue as important as it is convoluted: when immigration judges may consult conviction records—such as an indictment or plea colloquy—to determine whether a noncitizen was convicted of a removable...

Unpub. BIA Descamps CIMT Victory in Arizona: Matter of Sainz-Rivera (unpub.)

"In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1) — which criminalizes driving under the influence after one’s license has been suspended, canceled, revoked, refused or restricted —...

Unpub. BIA Descamps Remand: Matter of Hernandez Garcia

"[R]espondent argues that the determination cannot be made as to the level of harm he caused his victim under a modified categorical approach, because the indictment, plea agreement, or other documents that would indicate the nature of his offense, are not in the record (Respondent's Br. at...