Immigration Law

Recent Posts

Supreme Court Reverses CA6 on Aggravated Felony - Esquivel-Quintana v. Sessions
Posted on 30 May 2017 by Daniel M. Kowalski

Esquivel-Quintana v. Sessions - "We hold that in the context of statutory rape offenses focused solely on the age of the participants, the generic federal definition of “sexual abuse of a minor” under §1101(a)(43)(A) requires the... Read More

Supreme Court on 'Aggravated Felony' - Moncrieffe v. Holder
Posted on 23 Apr 2013 by Daniel M. Kowalski

"The Immigration and Nationality Act (INA), 66 Stat. 163, 8 U. S. C. §1101 et seq., provides that a noncitizen who has been convicted of an “aggravated felony” may be deported from this country. The INA also prohibits the Attorney... Read More

SCOTUS Oral Argument Preview: Torres v. Lynch (Nov. 3, 2015)
Posted on 26 Oct 2015 by Daniel M. Kowalski

Cornell LII - "Issues: In order for a state-law criminal offense to qualify as an aggravated felony because that offense is “described in” a federal criminal statute, must the state offense contain all of the elements of the corresponding... Read More

Supreme Court, 6-3, on aggravated felony: Kawashima v. Holder
Posted on 21 Feb 2012 by Daniel M. Kowalski

"This case concerns whether aliens who commit certain federal tax crimes are subject to deportation as aliens who have been convicted of an aggravated felony. We hold that violations of 26 U. S. C. §§7206(1) and (2) are crimes “involv... Read More