Immigration Law

Recent Posts

CA3: 18 U.S.C. § 16(b) Unconstitutionally Vague - Mateo v. Atty. Gen.
Posted on 7 Sep 2017 by Daniel M. Kowalski

Mateo v. Atty. Gen., Sept. 6, 2017 - "This appeal requires us to determine whether Wilson Emilio Peguero Mateo’s conspiracy plea for Robbery of a Motor Vehicle under Pennsylvania law qualifies as a “crime of violence” under 18 U... Read More

CA7: 18 USC 16(b) Unconstitutionally Vague - USA v. Vivas-Ceja
Posted on 23 Dec 2015 by Daniel M. Kowalski

USA v. Vivas-Ceja, Dec. 22, 2015 - "The district court concluded that Vivas-Ceja’s Wisconsin conviction for fleeing an officer was a crime of violence under § 16(b), raising the maximum sentence to 20 years. The court imposed a sentence... Read More

Supreme Court to Test 'Void for Vagueness' Doctrine: Cert. Granted in Lynch v. Dimaya
Posted on 30 Sep 2016 by Daniel M. Kowalski

SCOTUSblog, Sept. 29, 2016 - "Issue: Whether 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act's provisions governing an alien's removal from the United States, is unconstitutionally vague." Read More

CA10 on 16(b) Crime of Violence: Golicov v. Lynch (DOJ's position 'baffling')
Posted on 19 Sep 2016 by Daniel M. Kowalski

Golicov v. Lynch, Sept. 19, 2016 - "Petitioner Constantine Fedor Golicov, a lawful permanent resident of the United States, seeks review of an order of the Board of Immigration Appeals (BIA) concluding that his Utah state conviction for failing to... 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