Immigration Law

Recent Posts

Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020)
Posted on 22 Dec 2020 by Daniel M. Kowalski

Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020) The risk of harm to a child required to obtain a conviction for child neglect in the second degree under section 163.545(1) of the Oregon Revised Statutes is sufficiently high that the offense... Read More

Matter of J-P-G-, 27 I&N Dec. 642 (BIA 2019)
Posted on 14 Oct 2019 by Daniel M. Kowalski

Matter of J-P-G-, 27 I&N Dec. 642 (BIA 2019) (1) The offense of menacing in violation of section 163.190 of the Oregon Revised Statutes is categorically a crime involving moral turpitude. (2) The element of actual inflicted fear is not necessary... Read More

Aguirre Barbosa, Amended
Posted on 6 Jun 2019 by Daniel M. Kowalski

Aguirre Barbosa v. Barr, June 6, 2019 Court Staff Summary: "The panel filed: (1) an order denying Respondent’s motion to depublish and granting the motion to amend the opinion filed on March 28, 2019, and appearing at 919 F.3d 1169; and ... Read More

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

CA9 on CIMT: Vasquez-Valle v. Sessions
Posted on 14 Aug 2018 by Daniel M. Kowalski

Vasquez-Valle v. Sessions - "Orlando Vasquez-Valle (“Vasquez-Valle”) is a native and citizen of Mexico. He was convicted of witness tampering in violation of Oregon Revised Statutes § 162.285 and was referred for immigration proceedings... Read More

Access to Counsel Victory in Oregon: Innovation Law Lab v. Nielsen
Posted on 27 Jun 2018 by Daniel M. Kowalski

Innovation Law Lab v. Nielsen, June 25, 2018, Case No. 3:18-cv-01098-SI, D. Or. - "IT IS ORDERED that Plaintiffs’ Motion for Temporary Restraining Order is GRANTED, and until this Court orders otherwise and except as otherwise expressly permitted... Read More

ICE Pays To Use 2 Oregon Jails Despite Sanctuary State Law
Posted on 3 Nov 2017 by Daniel M. Kowalski

Conrad Wilson, OPB, Oct. 26, 2017 - "For years, two Oregon jails have aided ICE by housing detainees who face deportation. Jail officials say it's legal despite a sanctuary state law designed to make immigrants feel at ease." Read More

Tags: sanctuary , jails , Oregon , ICE

News Excerpts From the Sept. 1, 2015, Bender’s Immigration Bulletin
Posted on 26 Aug 2015 by LexisNexis Legal Newsroom Staff

DHS to Enhance Security for Visa Waiver Program| On August 6, 2015, Department of Homeland Security Secretary Jeh Johnson announced the implementation of new security measures for noncitizens seeking to enter the United States under the Visa Waiver... Read More

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)
Posted on 18 Aug 2017 by Daniel M. Kowalski

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017) - Burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude, even though the statute does not require that a person be present at the time... Read More

CA9 on Categorical AggFel - Sandoval v. Yates
Posted on 27 Jan 2017 by Daniel M. Kowalski

Sandoval v. Yates, Jan. 27, 2017 - "Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(1)(a). Oregon law permits conviction for delivery under this statute based on mere solicitation. Because... Read More

ICE Detainer = 4th Amendment Violation: Miranda-Olivares v. Clackamas County
Posted on 17 Apr 2014 by Daniel M. Kowalski

"A federal magistrate judge in Oregon concluded that county officials violated a woman’s Fourth Amendment rights when they kept her in custody solely on the basis of an immigration detainer. Miranda-Olivares v. Clackamas County , No. 3:12-cv... Read More

Oregonians to vote on immigrant driver's licenses
Posted on 20 Oct 2013 by Daniel M. Kowalski

"Oregonians are headed for a statewide vote on a new law that allows immigrants who can't show they're in the United States legally to obtain driver's licenses. Secretary of State Kate Brown's office said Friday that opponents of... Read More

Oregon Governor Signs Tuition Equity Bill
Posted on 4 Apr 2013 by Daniel M. Kowalski

"Gov. John Kitzhaber on Tuesday morning signed into law a bill that grants in-state tuition to undocumented Oregon high school graduates who meet certain criteria. "Friends, a dream has become a reality," Kitzhaber said after signing the... Read More

Oregonians to vote on immigrant driver's licenses
Posted on 20 Oct 2013 by Daniel M. Kowalski

"Oregonians are headed for a statewide vote on a new law that allows immigrants who can't show they're in the United States legally to obtain driver's licenses. Secretary of State Kate Brown's office said Friday that opponents of... Read More

For Richer, For Poorer...For $5,000
Posted on 10 Oct 2014 by Daniel M. Kowalski

"Oregon First Lady Cylvia Hayes today confessed to breaking federal law in 1997 by entering into an illegal marriage with an 18-year-old Ethiopian immigrant. Hayes, who is now engaged to Gov. John Kitzhaber, says she was paid approximately $5,000... Read More