Immigration Law

Recent Posts

Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019)
Posted on 21 Oct 2019 by Daniel M. Kowalski

Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019) (1) The crime of dissuading a witness in violation of section 136.1(b)(1) of the California Penal Code is categorically an aggravated felony offense relating to obstruction of justice under section... Read More

CA3 on Modified Categorical Approach - Hillocks v. A.G.
Posted on 12 Aug 2019 by Daniel M. Kowalski

Hillocks v. A.G. "Petitioner Dexter Anthony Hillocks is a lawful permanent resident who was convicted of the Pennsylvania state crime of using a communication facility — i.e., a phone — to facilitate a felony. The question before us... Read More

CA3 (En Banc) on 'Particularly Serious Crime' - Bastardo-Vale v. A.G.
Posted on 12 Aug 2019 by Daniel M. Kowalski

Bastardo-Vale v. A.G. "Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated... Read More

Unpub. BIA Victory: NY Grand Larceny (Matter of Reyes)
Posted on 3 May 2019 by Daniel M. Kowalski

In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019 , the BIA stated: "[B]ased on a straightforward application of the categorical approach outlined in Taylor and its progeny, we must... Read More

Matter of A. Vasquez, 27 I&N Dec. 503 (BIA 2019)
Posted on 12 Apr 2019 by Daniel M. Kowalski

Matter of A. Vasquez, 27 I&N Dec. 503 (BIA 2019) Under the plain language of section 101(a)(43)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(H) (2012), kidnapping in violation of 18 U.S.C. § 1201(a) (2012) is not an... Read More

New Utah Law Protects Immigrants
Posted on 10 Apr 2019 by Daniel M. Kowalski

ACLU, Apr. 9, 2019 "Utah is known for its red rock canyons, steep ski slopes, and a mega-majority Republican legislature. And now it can be recognized as one of just a handful of states to pass legislation that helps noncitizens avoid deportation... Read More

CA9 on Categorical Approach: Atenia Lorenzo II
Posted on 18 Jan 2019 by Daniel M. Kowalski

Atenio Lorenzo II "The opinion filed August 29, 2018, and reported at 902 F.3d 930 , is WITHDRAWN. A substitute memorandum disposition is filed concurrently with this order. The government’s petition for panel rehearing, filed November 14... Read More

BIA on Aggravated Felony, Obstruction of Justice: Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018)
Posted on 12 Sep 2018 by Daniel M. Kowalski

Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) (1) An “offense relating to obstruction of justice” under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), encompasses offenses... Read More

CA4 on Divisibility: Omargharib v. Holder
Posted on 24 Dec 2014 by Daniel M. Kowalski

"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... Read More

Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart
Posted on 24 Mar 2015 by Daniel M. Kowalski

"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... Read More

CA1 on Aggravated Felony: Whyte v. Lynch
Posted on 10 Dec 2015 by Daniel M. Kowalski

Whyte v. Lynch, Dec. 9, 2015 - "Because Whyte was convicted in 1999 of third-degree assault under a Connecticut statute, Conn. Gen. Stat. § 53a–61(a)(1), the Board of Immigrations Appeals ("BIA") ordered his removal, reasoning... Read More

Unpub. BIA on Fla. Trafficking
Posted on 16 Nov 2016 by Daniel M. Kowalski

Matter of X-, Nov. 8, 2016 (unpub.) - "A conviction under Fla. Stat. § 893.13(1 )(a)(2) for possession with intent to sell ... does not require a showing of an attempt or substantial step towards the completion of unlawful trading or dealing... Read More

BIA on Categorical Approach, Failure to Appear, Circumstance-Specific Approach - Matter of Garza-Olivares
Posted on 6 May 2016 by Daniel M. Kowalski

Matter of Garza-Olivares, 26 I&N Dec. 736 (BIA 2016) - In assessing whether an offense qualifies as an aggravated felony under section 101(a)(43)(T) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(T) (2012), the categorical approach... Read More

Matter of BAUTISTA, ID 3730, 25 I&N Dec. 616 (BIA 2011)
Posted on 13 Oct 2011 by Daniel M. Kowalski

"Attempted arson in the third degree in violation of sections 110 and 150.10 of the New York Penal Law is an aggravated felony under section 101(a)(43)(E)(i) of the Immigration and Nationality Act, 8U.S.C. § 1101(a)(43)(E)(i) (2006), even though... Read More