Immigration Law

Recent Posts

CA2 on "Loss to the Victim" - Rampersaud v. Barr
Posted on 19 Aug 2020 by Daniel M. Kowalski

Rampersaud v. Barr "Petitioner Charran Daneshwar Rampersaud, a noncitizen resident of the United States, seeks review of an order of the Board of Immigration Appeals (BIA) finding him removable as an aggravated felon for having been convicted of... Read More

CA9 on Obstruction of Justice: Valenzuela Gallardo v. Barr (Valenzuela Gallardo III)
Posted on 6 Aug 2020 by Daniel M. Kowalski

Valenzuela Gallardo v. Barr (Valenzuela Gallardo III, vacating Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) ) "Because “obstruction of justice” under § 1101(a)(43)(S) unambiguously requires a nexus to ongoing or... Read More

Barr Nukes the Categorical Approach: Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020)
Posted on 31 Jul 2020 by Daniel M. Kowalski

Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020) (1) If all of the means of committing a crime, based on the elements of the statute of conviction, amount to one or more of the offenses listed in section 101(a)(43) of the Immigration and Nationality... Read More

CA2 on UCMJ: Persad v. Barr
Posted on 24 Mar 2020 by Daniel M. Kowalski

Persad v. Barr "Dasrath D. Persad (“Persad”), a legal permanent resident, petitions for review of an agency order requiring his removal to Trinidad and Tobago. The agency’s decision rested on its determination that Persad’s... Read More

CA9 on Theft, Agg. Felony: Lopez-Aguilar v. Barr
Posted on 28 Jan 2020 by Daniel M. Kowalski

Lopez-Aguilar v. Barr "Petitioner Ludwin Israel Lopez-Aguilar, a native and citizen of Guatemala, seeks review of a final order of the Board of Immigration Appeals (“BIA”) finding him removable pursuant to § 237(a)(2)(A)(iii) of... Read More

CA9 on CIMT, AggFel: Jauregui-Cardenas v. Barr
Posted on 13 Jan 2020 by Daniel M. Kowalski

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... Read More

CA3 on Agg. Fel., CAT, El Salvador: Quinteros v. Atty. Gen.
Posted on 17 Dec 2019 by Daniel M. Kowalski

Quinteros v. Atty. Gen. "The Board of Immigration Appeals found that Nelson Quinteros committed an aggravated felony and failed to show entitlement to relief under the Convention Against Torture (CAT). Quinteros argues that the Board committed... Read More

A.G. Barr Refers Matter of Reyes for Review
Posted on 22 Nov 2019 by Daniel M. Kowalski

Matter of Reyes, 27 I&N Dec. 708 (A.G. 2019) "Pursuant to 8 C.F.R. §1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this... Read More

Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019)
Posted on 21 Oct 2019 by Daniel M. Kowalski

Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019) (1) The crime of dissuading a witness in violation of section 136.1(b)(1) of the California Penal Code is categorically an aggravated felony offense relating to obstruction of justice under section... Read More

CA3 on Modified Categorical Approach - Hillocks v. A.G.
Posted on 12 Aug 2019 by Daniel M. Kowalski

Hillocks v. A.G. "Petitioner Dexter Anthony Hillocks is a lawful permanent resident who was convicted of the Pennsylvania state crime of using a communication facility — i.e., a phone — to facilitate a felony. The question before us... Read More

CA3 (En Banc) on 'Particularly Serious Crime' - Bastardo-Vale v. A.G.
Posted on 12 Aug 2019 by Daniel M. Kowalski

Bastardo-Vale v. A.G. "Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated... Read More

Unpub. BIA Victory: NY Grand Larceny (Matter of Reyes)
Posted on 3 May 2019 by Daniel M. Kowalski

In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019 , the BIA stated: "[B]ased on a straightforward application of the categorical approach outlined in Taylor and its progeny, we must... Read More

Matter of A. Vasquez, 27 I&N Dec. 503 (BIA 2019)
Posted on 12 Apr 2019 by Daniel M. Kowalski

Matter of A. Vasquez, 27 I&N Dec. 503 (BIA 2019) Under the plain language of section 101(a)(43)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(H) (2012), kidnapping in violation of 18 U.S.C. § 1201(a) (2012) is not an... Read More

New Utah Law Protects Immigrants
Posted on 10 Apr 2019 by Daniel M. Kowalski

ACLU, Apr. 9, 2019 "Utah is known for its red rock canyons, steep ski slopes, and a mega-majority Republican legislature. And now it can be recognized as one of just a handful of states to pass legislation that helps noncitizens avoid deportation... Read More

CA9 on Categorical Approach: Atenia Lorenzo II
Posted on 18 Jan 2019 by Daniel M. Kowalski

Atenio Lorenzo II "The opinion filed August 29, 2018, and reported at 902 F.3d 930 , is WITHDRAWN. A substitute memorandum disposition is filed concurrently with this order. The government’s petition for panel rehearing, filed November 14... Read More