Immigration Law

Recent Posts

CA9 on CIMT: Aguirre Barbosa v. Barr
Posted on 28 Mar 2019 by Daniel M. Kowalski

Aguirre Barbosa v. Barr "Petitioner Pedro Aguirre Barbosa, a Mexican citizen, was convicted of robbery in the third degree in violation of Oregon Revised Statutes section 164.395. An immigration judge (“IJ”) denied relief from removal... Read More

CA5 on Retroactivity: Monteon-Camargo v. Barr
Posted on 15 Mar 2019 by Daniel M. Kowalski

Monteon-Camargo v. Barr "Gustavo Monteon-Camargo, a native and citizen of Mexico, petitions for review of a final order of removal by the Board of Immigration Appeals (“BIA” or “Board”). The BIA determined that Monteon-Camargo... Read More

AAO CIMT/Waiver Victory: London
Posted on 11 Aug 2013 by Daniel M. Kowalski

"[W]e acknowledge that the term "moral turpitude" is not in common usage, and it is unlikely that the average person is aware of its meaning and application in U.S. immigration law. In this case, the applicant did not disclose his conviction... Read More

BIA Amicus Invitation - Protected Class of Victims (Due Mar. 6, 2017)
Posted on 2 Feb 2017 by Daniel M. Kowalski

BIA, Feb. 2, 2017 - "Amicus Invitation No. 17-02-02 AMICUS INVITATION (PROTECTED CLASS OF VICTIMS), DUE MARCH 6, 2017 FEBRUARY 2, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs... Read More

Unpub. BIA Descamps CIMT Victory in Arizona: Matter of Sainz-Rivera (unpub.)
Posted on 19 Mar 2014 by Daniel M. Kowalski

"In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1) — which criminalizes driving under the influence after one’s license has been suspended... Read More

Eleventh Circuit rejects Silva-Trevino: Sanchez Fajardo v. Atty. Gen.
Posted on 12 Oct 2011 by Daniel M. Kowalski

"[W]e agree with the Third and Eighth Circuits that Congress unambiguously intended adjudicators to use the categorical and modified categorical approach to determine whether a person was convicted of a crime involving moral turpitude. ... [W]e hold... Read More

BIA on CIMT: Matter of Cortes Medina
Posted on 9 Jan 2013 by Daniel M. Kowalski

"The offense of indecent exposure in violation of section 314(1) of the California Penal Code, which includes the element of lewd intent, is categorically a crime involving moral turpitude." - Matter of Cortes Medina, ID 3775, 26 I&N Dec... Read More

Tags: bia , 3775 , cortes medina , cimt

BIA on CIMT: Matter of Wu, 27 I&N Dec. 8 (BIA 2017)
Posted on 14 Apr 2017 by Daniel M. Kowalski

Matter of Wu, 27 I&N Dec. 8 (BIA 2017) - Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Ceron v. Holder, 747 F.3d 773 (9th Cir. 2014) (en banc),... Read More

Tags: wu , California , bia , ceron , assault , cimt

CA9, En Banc, on CIMT - Almanza-Arenas v. Lynch
Posted on 28 Dec 2015 by Daniel M. Kowalski

Almanza-Arenas v. Lynch, Dec. 28, 2015 Court Staff Summary: "The en banc court granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published precedential decision, Matter of Almanza-Arenas, 24... Read More

Unpub. BIA on CIMT: Matter of Sainz-Rivera
Posted on 14 May 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1)—which criminalizes driving under the influence after one’s license... Read More

CA7 on CIMT, False Use of SSN: Arias v. Lynch
Posted on 24 Aug 2016 by Daniel M. Kowalski

Arias v. Lynch, Aug. 24, 2016 - "We grant the petition and remand the case to the Board for further proceedings. Arias was convicted under a statute making it a federal crime to misrepresent a social security number to be one’s own “for... Read More

CA6 on Binding Concession by Attorney, CIMT: Hanna v. Holder
Posted on 18 Jan 2014 by Daniel M. Kowalski

"[W]e grant Hanna’s petition for review, reverse the BIA’s holding that Hanna’s admission is binding, and relieve Hanna of his attorney’s concession of removability. Because the BIA’s determination that Hanna is removable... Read More

CA9 on CIMT - Ramirez-Contreras v. Sessions
Posted on 8 Jun 2017 by Daniel M. Kowalski

Ramirez-Contreras v. Sessions - "California’s Vehicle Code § 2800.2 is not categorically a crime of moral turpitude, and thus, Petitioner is not statutorily ineligible for cancellation of removal. Petition GRANTED." [Hats off to... Read More

BIA on CIMT, Criminal Copyright Infringement - Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016)
Posted on 23 Sep 2016 by Daniel M. Kowalski

Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016) - The offense of criminal copyright infringement in violation of 17 U.S.C. § 506(a)(1)(A)(2012) and 18 U.S.C. § 2319(b)(1) (2012) is a crime involving moral turpitude. Read More

CA7 on Silva-Trevino: Sanchez v. Holder
Posted on 9 Jul 2014 by Daniel M. Kowalski

"Fredy Arnoldo Sanchez seeks review of a Board of Immigration Appeals decision dismissing his appeal of the immigration judge’s order of removal. The Board determined that Sanchez was ineligible for cancellation of removal because he failed... Read More

  • Blog Post: Deportation for a Sin: Why Moral Turpitude is Void for Vagueness

    "A major problem facing noncitizen criminal defendants today is the vagueness of the term “crime involving moral turpitude” (CIMT) in deportation law. The Supreme Court in the 1951 case Jordan v. DeGeorge decided that a statute authorizing deportation for a CIMT was not void...
  • Blog Post: Eleventh Circuit rejects Silva-Trevino: Sanchez Fajardo v. Atty. Gen.

    "[W]e agree with the Third and Eighth Circuits that Congress unambiguously intended adjudicators to use the categorical and modified categorical approach to determine whether a person was convicted of a crime involving moral turpitude. ... [W]e hold that the BIA and the IJ erred by considering evidence...
  • Blog Post: Matter of RIVENS, ID 3731, 25 I&N Dec. 623 (BIA 2011)

    Matter of RIVENS, ID 3731, 25 I&N Dec. 623 (BIA 2011) - (1) In order to establish that a returning lawful permanent resident alien is to be treated as an applicant for admission to the United States, the Department of Homeland Security has the burden of proving by clear and convincing evidence that...
  • Blog Post: Matter of Islam, Int. Dec. 3733, 25 I&N Dec. 637 (BIA 2011)

    Matter of Islam, Int. Dec. 3733, 25 I&N Dec. 637 (BIA 2011) - (1) In determining whether an alien’s convictions for two or more crimes involving moral turpitude arose out of a “single scheme of criminal misconduct” within the meaning of section 237(a)(2)(A)(ii) of the Immigration...
  • Blog Post: Third Circuit on CIMT, 'legally admitted': Totimeh v. Atty. Gen.

    "We decide whether the BIA erred in holding that Totimeh’s conviction under Minnesota’s predatory offender registration statute was a crime involving moral turpitude for purposes of the Immigration and Nationality Act (“INA”). We also decide whether the BIA abused its discretion...
  • Blog Post: Ninth Circuit on CIMT, Cal. Penal Code § 422: Latter-Singh v. Holder

    "Singh claims that the BIA wrongly determined that a violation of California Penal Code § 422 constitutes a crime involving moral turpitude (or “CIMT”), thus rendering him removable. Although we previously determined that a violation of § 422 is an aggravated felony, see Rosales...
  • Blog Post: CA8 on CIMT; BIA Failed to Apply Silva-Trevino: Godoy Bobadilla v. Holder

    "The only issue we will address is whether his conviction for providing a false name to a peace officer is categorically a crime involving moral turpitude, a question of law we have jurisdiction to consider. ... We grant Bobadilla’s petition for review and remand. ... In this case, the IJ’s...
  • Blog Post: CA6 on CIMT, Felony Flight: Ruiz-Lopez v. Holder

    [T]the BIA was not remiss in concluding that, given the nature of the felony-flight statute under which Ruiz-Lopez was convicted, “moral turpitude necessarily inheres in such a crime, given the combination of circumstances involved.” Ruiz-Lopez, 25 I. & N. Dec. at 556. Indeed, both elements...
  • Blog Post: BIA on CIMT: Matter of Leal, ID 3768, 26 I&N Dec. 20 (BIA 2012)

    Matter of Leal, ID 3768, 26 I&N Dec. 20 (BIA 2012) - The offense of “recklessly endangering another person with a substantial risk of imminent death” in violation of section 13-1201(A) of the Arizona Revised Statutes is categorically a crime involving moral turpitude under the definition...
  • Blog Post: CA10 on CIMT, Obstruction of Justice: Vaquero-Cordero v. Holder (unpub.)

    "Because the BIA’s decision does not demonstrate thorough consideration of petitioner’s case, offer sufficient support for its reasoning, and is inconsistent with its earlier pronouncements on crimes involving moral turpitude, the BIA’s decision is not persuasive and is not entitled...
  • Blog Post: Unpub. BIA: Head-Butting a Peace Officer Not a CIMT

    "Although we find no clear error in the Immigration Judge's decision to credit the police report, we respectfully disagree with his conclusion that the conduct described therein is a CIMT. In order for assault on a police officer to qualify as a CIMT, there must be an intentional act combined...
  • Blog Post: Unpub. BIA Remand: CIMT, 212(c)

    "On July 26,2012, the Board requested supplemental briefing as to whether, in light of Pannu v. Holder, 639 F.3d 1225 (9th Cir. 2011), the respondent's conviction for failing to register as a sex offender, CAL. PENAL CODE § 290(g)(2) (2001), was a crime involving moral turpitude. ... we...
  • Blog Post: BIA on CIMT: Matter of Cortes Medina

    "The offense of indecent exposure in violation of section 314(1) of the California Penal Code, which includes the element of lewd intent, is categorically a crime involving moral turpitude." - Matter of Cortes Medina, ID 3775, 26 I&N Dec. 79 (BIA 2013).
  • Blog Post: CA9 on CIMT: Castrijon-Garcia v. Holder

    "Javier Castrijon-Garcia (“Castrijon”) petitions for review of a decision of the Board of Immigration Appeals (“BIA”), holding that his conviction for simple kidnapping under California Penal Code (“CPC”) § 207(a) is categorically a crime involving moral...
  • Blog Post: CA1 on CIMT, Modified Categorical Approach: Patel v. Holder

    "In 2003, petitioner Nupur Patel pled guilty to conspiracy-to-commit-larceny charges stemming from a scheme in which he stole from the dorm rooms of his college classmates. As a result, an Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) found that Patel, at the time a lawful permanent...
  • Blog Post: Matter of Ortega-Lopez, ID 3777, 26 I&N Dec. 99 (BIA 2013)

    The offense of sponsoring or exhibiting an animal in an animal fighting venture in violation of 7 U.S.C. § 2156(a)(1) (2006) is categorically a crime involving moral turpitude. - Matter of Ortega-Lopez, ID 3777, 26 I&N Dec. 99 (BIA 2013)
  • Blog Post: AAO CIMT/Waiver Victory: London

    "[W]e acknowledge that the term "moral turpitude" is not in common usage, and it is unlikely that the average person is aware of its meaning and application in U.S. immigration law. In this case, the applicant did not disclose his conviction when asked about crimes involving moral turpitude...
  • Blog Post: BIA on Admission, CIMT: Matter of Pinzon

    (1) An alien who enters the United States by falsely claiming United States citizenship is not deemed to have been inspected by an immigration officer, so the entry is not an “admission” under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2012...
  • Blog Post: Ceron v. Holder to be Reheard En Banc: CA9

    "Upon the vote of a majority of nonrecused active judges, it is ordered that this case [*] be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit." ...
  • Blog Post: CA6 on Binding Concession by Attorney, CIMT: Hanna v. Holder

    "[W]e grant Hanna’s petition for review, reverse the BIA’s holding that Hanna’s admission is binding, and relieve Hanna of his attorney’s concession of removability. Because the BIA’s determination that Hanna is removable is predicated on this concession, we reverse...
  • Blog Post: CA5 Rejects Matter of Silva-Trevino

    Hats off to Lisa Brodyaga, counsel for amici, and countless others who have worked on this issue for years! "Cristoval Silva-Trevino challenges a new method the Attorney General and the Board of Immigration Appeals (“the Board”) used to determine that he had been convicted of a crime...
  • Blog Post: 18 U.S.C. 1015(a) Not CIMT: USA v. Li

    "In sum, the Court concludes that a violation of [18 U.S.C.] § 1015(a) is not inherently fraudulent and does not include the element of materiality essential to perjury. As a result, the crime Li was convicted of committing is not categorically a crime involving moral turpitude." - USA...
  • Blog Post: Was the Attorney Really Ineffective in Kovacs v. USA?

    "In Kovacs v. United States , the United States Court of Appeals for the Second Circuit reversed a lower district court’s decision denying a writ of error coram nobis to vacate a 1999 guilty plea to misprision of felony on the ground that his lawyer rendered ineffective assistance. While the...
  • Blog Post: CA9 on CIMT, False Imprisonment: Turijan v. Holder

    "Rodrigo Montiel Turijan petitions for review of a final decision of the Board of Immigration Appeals (“BIA”). The issue on appeal is whether felony false imprisonment under California Penal Code (“CPC”) §§ 236 and 237 is a categorical crime involving moral turpitude...
  • Blog Post: Unpub. BIA Descamps CIMT Victory in Arizona: Matter of Sainz-Rivera (unpub.)

    "In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1) — which criminalizes driving under the influence after one’s license has been suspended, canceled, revoked, refused or restricted —...