NILA, Apr. 24, 2024 "The National Immigration Litigation Alliance (NILA) and Innovation Law Lab are thrilled to announce that, in response to the lawsuit we filed against the United States Citizenship...
NILA, Apr. 24, 2024 "Today, three immigration attorneys and two individuals filed a prospective class action lawsuit in federal court, challenging U.S. Customs and Border Protection’s (CBP...
USCIS, Apr. 23, 2024 "U.S. Citizenship and Immigration Services (USCIS) today announced the upcoming opening of international field offices in Doha, Qatar, and Ankara, Turkey, to increase capacity...
Rangel-Fuentes v. Garland "Cristina Rangel-Fuentes petitions for review of a final order of removal issued by the Board of Immigration Appeals (BIA), arguing that under 8 U.S.C. § 1229b(b)...
This document is scheduled to be published in the Federal Register on 04/30/2024 "This final rule adopts and replaces regulations relating to key aspects of the placement, care, and services provided...
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, we conclude that Maie’s argument was not waived. Because Maie’s argument presents an issue we have yet to address in a published opinion, we ordered supplemental responses to fill the gap left by the government’s first brief. Now, having considered the parties’ post-argument briefs,we conclude that Hawaii’s fourth degree theft statute is not a CIMT. Thus, the government has not shown that Maie is subject to removal. ... We conclude that Hawaii’s definition of “theft” does not always require the government to prove the defendant acted with an intent to permanently deprive or substantially erode the owner’s property rights. Accordingly, Hawaii’s fourth degree theft statute is overbroad because it criminalizes conduct not encompassed by the BIA’s definition of a CIMT. ... We conclude that Hawaii’s fourth degree theft statute is indivisible because it proscribes one crime that can be committed eight different ways, not eight distinct crimes. Accordingly, Maie’s prior theft convictions do not categorically match the BIA’s definition for CIMTs."
[Hats off to Team Hastings, Anna Lovelace Owen (argued) and Olivia Medina, Certified Law Students; Leah Spero (argued), Gary A. Watt, and Stephen Tollafield, Supervising Counsel; Hastings Appellate Project, Hastings College of Law, University of California, San Francisco, California; for Petitioner!]