Immigration Law

Recent Posts

Double Win for Shagin, Burch: CA3 Remands Chavez-Alvarez, Orders Bond Hearing; Gov't Position 'Scarcely Passes the Laugh Test'
Posted on 16 Apr 2015 by Daniel M. Kowalski

Tremendous victories for Valerie Burch and Craig Shagin ! Hats way off! 1. "Jose Juan Chavez-Alvarez petitions the Court for review of a decision of the Board of Immigration Appeals (BIA) [ Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014... Read More

CA3 on Categorical Approach: Bautista v. Attorney General
Posted on 28 Feb 2014 by Daniel M. Kowalski

"We will grant the petition because the New York attempted arson conviction is not an aggravated felony in respect to collateral immigration consequences under the INA. Applying the categorical approach, as we must, the New York statute under which... Read More

CA3 on (M)(i) aggravated felony, actual loss: Singh v. Holder
Posted on 16 Apr 2012 by Daniel M. Kowalski

"[W]e agree that under the unique facts of this case his offense did not cause an actual loss. Because we hold that § 1101(a)(43)(M)(i) requires an actual, not merely intended, loss, we will grant Singh’s petition and vacate the order... Read More

CA3: 16(b) Void for Vagueness - Baptiste v. Atty. Gen.
Posted on 8 Nov 2016 by Daniel M. Kowalski

Baptiste v. Attorney General, Nov. 8, 2016 - "[B]ecause the two inquiries under the residual clause that the Supreme Court found to be indeterminate—the ordinary case inquiry and the serious potential risk inquiry—are materially the same... Read More