Immigration Law

Recent Posts

Supreme Court, 5-3, Rules Against Immigrant - Luna Torres v. Lynch
Posted on 19 May 2016 by Daniel M. Kowalski

Luna Torres v. Lynch, May 19, 2016 - KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, GINSBURG, and ALITO, JJ., joined. SOTOMAYOR, J., filed a dissenting opinion, in which THOMAS and BREYER, JJ., joined. Opinion... Read More

Burning Down the House: Circuits Split on Arson - Isaacson
Posted on 31 Aug 2014 by Daniel M. Kowalski

"The lyrics of the Talking Heads song “Burning Down the House” do not mention whether the house in question was involved in commerce. According to Jones v. United States , 529 U.S. 848 (2000) , however, arson of “an owner-occupied... Read More

Matter of BAUTISTA, ID 3730, 25 I&N Dec. 616 (BIA 2011)
Posted on 13 Oct 2011 by Daniel M. Kowalski

"Attempted arson in the third degree in violation of sections 110 and 150.10 of the New York Penal Law is an aggravated felony under section 101(a)(43)(E)(i) of the Immigration and Nationality Act, 8U.S.C. § 1101(a)(43)(E)(i) (2006), even though... Read More

CA3 on Categorical Approach: Bautista v. Attorney General
Posted on 28 Feb 2014 by Daniel M. Kowalski

"We will grant the petition because the New York attempted arson conviction is not an aggravated felony in respect to collateral immigration consequences under the INA. Applying the categorical approach, as we must, the New York statute under which... Read More

Unpub. BIA on CIMT, Arson: Matter of Hernandez-Hernandez
Posted on 2 Jul 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime involving moral turpitude because perpetrators... Read More