Maie v. Garland
"Maie’s petition contends that his petty theft convictions are not categorically CIMTs. The government’s initial response argued only that Maie failed to preserve this argument. For reasons explained more fully below...
Silva v. Garland
"The opinion and concurring opinion filed July 10, 2020, and appearing at 965 F.3d 724 (9th Cir. 2020), are withdrawn. They may not be cited by or to this court or any district court of the Ninth Circuit. A new opinion is filed...
Matter of Al Sabsabi, 28 I&N Dec. 269 (BIA 2021)
(1) The “offense clause” of the Federal conspiracy statute, 18 U.S.C. § 371 (2012), is divisible and the underlying substantive crime is an element of the offense.
(2) Because the...
CLINIC, Tanika Vigil, March 2021
"This chart provides a summary of BIA and circuit court case law regarding the crime involving moral turpitude (CIMT) analysis for assault-related offenses. The purpose of this chart is to provide practitioners...
Matter of Aguilar-Mendez, 28 I&N Dec. 262 (BIA 2021)
The respondent’s conviction for assault by means of force likely to produce great bodily injury in violation of section 245(a)(4) of the California Penal Code is categorically one for a...
Matter of Nemis, 28 I&N Dec. 250 (BIA 2021)
(1) Applying the categorical approach, the conspiracy statute, 18 U.S.C. § 371 (2012), is overbroad relative to the generic definition of a crime involving moral turpitude, and divisible...
Enriquez v. Wilkinson
"Respondent’s unopposed motion to remand (Dkt. No. 74) is GRANTED. We REMAND this case to the Board of Immigration Appeals for reconsideration of whether Petitioner’s conviction under Cal. Penal Code § 136...
Ortega-Lopez v. Barr
"Ortega-Lopez, a native and citizen of Mexico, petitions for review of a ruling by the Board of Immigration Appeals (BIA) [ Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) ] that he was ineligible for cancellation of...
Larios v. Atty. Gen.
"Here, in what is now Lazaro Javier Larios’s third petition for review from prior reversals, the Board of Immigration Appeals (BIA) applied the categorical approach and held Larios ineligible for cancellation of removal...
Nunez-Vasquez v. Barr
"David Nunez-Vasquez seeks review of the Board of Immigration Appeals (“BIA”) finding that he was removable because he had been convicted of two crimes involving moral turpitude (“CIMT”)—a conviction...
Ortiz v. Barr
"[In Ortiz I, this] Court determined that a conviction under Minn. Stat. Ann. § 609.50, subdiv. 2(2) [obstruction of legal process, arrest, or firefighting] is not categorically a crime of violence—and, thus, not an aggravated...
Mendez v. Barr
"Tomas Mendez, a lawful permanent resident, was denied reentry to the country upon his return from a trip abroad. The Department of Homeland Security charged him as inadmissible for having been previously convicted of misprision...
Francisco-Lopez v. Barr
"We grant review and join several other circuits in ruling that the BIA should not have retroactively applied Diaz-Lizarraga. See Monteon-Camargo v. Barr, 918 F.3d 423 (5th Cir. 2019); Garcia-Martinez v. Sessions, 886 F...
Jauregui-Cardenas v. Barr
"Maria Jauregui-Cardenas petitions for review of a final order of removal, arguing the Board of Immigration Appeals (“BIA”) erred in holding that she is an inadmissible alien who is not eligible for discretionary...
Matter of Salad, 27 I&N Dec. 733 (BIA 2020)
The offense of making terroristic threats in violation of section 609.713, subdivision 1, of the Minnesota Statutes is categorically a crime involving moral turpitude.