Immigration Law

Recent Posts

Unpub. BIA Categorical Approach Victory: Matter of Calderon
Posted on 4 Feb 2015 by Daniel M. Kowalski

"Upon de novo review, we conclude that a conviction under 18 PA. CONS. STAT. § 6312(d) does not qualify categorically as a conviction for an aggravated felony under section 101 (a)(43)(1) of the Act, such that it would render the respondent... Read More

Unpub. BIA Agg. Fel. Victory: Wash. Rev. Code §§ 9A.28.020(1), 9A.44.089(1)
Posted on 5 Oct 2014 by Daniel M. Kowalski

"The Department of Homeland Security ("DHS') has charged the respondent with removability from the United States as an alien convicted of an "aggravated felony" and a "crime of child abuse." See sections 237(a)(2)(A)... Read More

Unpub. BIA on Tenn. Burglary: Matter of Lloyd
Posted on 14 May 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding aggravated burglary under Tenn. Code Ann. 39-14-403 is not an aggravated felony under INA 101(a)(43)(G). The Board noted... Read More

Unpub. BIA Agg. Fel. Remand: Matter of Lucio Chavez
Posted on 2 May 2013 by Daniel M. Kowalski

"[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... Read More

BIA on Perjury: Matter of Alvarado, 26 I&N Dec. 895 (BIA 2016)
Posted on 31 Dec 2016 by Daniel M. Kowalski

Matter of Alvarado, 26 I&N Dec. 895 (BIA 2016) - (1) The generic definition of “perjury” in section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), requires that an offender make a material... Read More

Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan
Posted on 9 Oct 2015 by Daniel M. Kowalski

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision... Read More

BIA on Receipt of Stolen Property - Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017)
Posted on 1 Jun 2017 by Daniel M. Kowalski

Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017) - The aggravated felony receipt of stolen property provision in section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(G) (2012), does not require that unlawfully... Read More

Matter of CHAIREZ-Castrejon, 26 I&N Dec. 349 (BIA 2014)(Lanferman withdrawn)
Posted on 25 Jul 2014 by Daniel M. Kowalski

Official headnotes, emphasis added: (1) The categorical approach, which requires a focus on the minimum conduct that has a realistic probability of being prosecuted under the statute of conviction, is employed to determine whether the respondent’s... 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

Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad
Posted on 2 Mar 2016 by Daniel M. Kowalski

IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability... Read More

Matter of Oppedisano, 26 I&N Dec. 202 (BIA 2013)
Posted on 26 Oct 2013 by Daniel M. Kowalski

Matter of Oppedisano, 26 I&N Dec. 202 (BIA 2013) - The offense of unlawful possession of ammunition by a convicted felon in violation of 18 U.S.C. § 922(g) (2006) is an aggravated felony under section 101(a)(43)(E)(ii) of the Immigration and... Read More

CA8 on Burglary, Aggravated Felony - Xiong v. Lynch
Posted on 9 Sep 2016 by Daniel M. Kowalski

Xiong v. Lynch, Sept. 8, 2016 - "In its motion to remand, the government argues that the Board should consider whether a second-degree burglary in Minnesota constitutes a generic “burglary” within the meaning of § 1101(a)(43)(G)... Read More

Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016)
Posted on 18 Mar 2016 by Daniel M. Kowalski

Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016) - An “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. §... Read More

BIA on Aggravated Felony, Conviction, Recidivist Enhancement: Matter of Cuellar-Gomez
Posted on 18 Jul 2012 by Daniel M. Kowalski

Matter of Cuellar-Gomez, ID 3760, 25 I&N Dec. 850 (BIA 2012) - (1) A formal judgment of guilt of an alien entered by a municipal court is a “conviction” under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. §... Read More

Matter of Chavez-Alvarez, Int. Dec. No. 3797, 26 I&N Dec. 274 (BIA 2014)
Posted on 14 Mar 2014 by Daniel M. Kowalski

Matter of Chavez-Alvarez , Int. Dec. No. 3797, 26 I&N Dec. 274 (BIA 2014) (1) Adjustment of status constitutes an “admission” for purposes of determining an alien’s removability under section 237(a)(2)(A)(iii) of the Immigration... Read More