Immigration Law

Recent Posts

Caselaw Chart: Assault-Related CIMTs
Posted on 20 Mar 2021 by Daniel M. Kowalski

CLINIC, Tanika Vigil, March 2021 "This chart provides a summary of BIA and circuit court case law regarding the crime involving moral turpitude (CIMT) analysis for assault-related offenses. The purpose of this chart is to provide practitioners... Read More

BIA on Assault, CIMT: Matter of Aguilar-Mendez
Posted on 12 Mar 2021 by Daniel M. Kowalski

Matter of Aguilar-Mendez, 28 I&N Dec. 262 (BIA 2021) The respondent’s conviction for assault by means of force likely to produce great bodily injury in violation of section 245(a)(4) of the California Penal Code is categorically one for a... Read More

Tags: assault , cimt

CA7 on Moral Turpitude: Garcia-Martinez v. Barr
Posted on 17 Apr 2019 by Daniel M. Kowalski

Garcia-Martinez v. Barr "We must therefore consider whether the crime New Jersey has labeled “assault with a deadly weapon” covers only conduct that is properly classified as a crime of moral turpitude, or if on the other hand it sweeps... Read More

CA6 on CIMT: Molina Hernandez v. Whitaker
Posted on 23 Jan 2019 by Daniel M. Kowalski

Molina Hernandez v. Whitaker "Julio Molina Hernandez (“Molina”) appeals the Board of Immigration Appeals (“BIA”) decision (1) finding him removable on the basis that his felonious assault conviction under Mich. Comp. Laws... Read More

BIA on Crime of Violence: Matter of Turou (unpub.)
Posted on 11 Oct 2013 by Daniel M. Kowalski

"[W]e agree with the respondent's contention that pursuant to the Court's decision in Moncrieffe v. Holder, there is "a realistic probability, not a theoretical possibility," that the State of Delaware would apply its Assault in... Read More

CA5 on CIMT, TX Misdemeanor Assault - Gomez-Perez v. Lynch
Posted on 12 Jul 2016 by Daniel M. Kowalski

Gomez-Perez v. Lynch, July 11, 2016 - "In 1999, Gomez was charged with misdemeanor assault under section 22.01(a)(1) of the Texas Penal Code, which states that “[a] person commits an offense if the person intentionally, knowingly, or recklessly... Read More

Unpub. BIA: Head-Butting a Peace Officer Not a CIMT
Posted on 16 Oct 2012 by Daniel M. Kowalski

"Although we find no clear error in the Immigration Judge's decision to credit the police report, we respectfully disagree with his conclusion that the conduct described therein is a CIMT. In order for assault on a police officer to qualify as... Read More

Tags: bia , assault , patnaik , cimt , Texas

IJ: TX Assault Not Necessarily CIMT
Posted on 14 Oct 2014 by Daniel M. Kowalski

César Cuauhtémoc García Hernández writes: "Courts have long used the categorical approach to determine whether a migrant has been convicted of a removable offense. Along with its sibling, the modified categorical approach... Read More

Unpub. BIA Agg. Fel. Remand: Matter of Lucio Chavez
Posted on 2 May 2013 by Daniel M. Kowalski

"[T]he respondent expressed an intention to apply for a waiver under former section 212(c) of.the Act, 8 U.S.C. § I I 82(c) (1988), but in a very brief decision the Immigration Judge found him ineligible for such relief on the ground that his... Read More

Unpub. BIA 2 CIMT Victory: Matter of Lopez Leal
Posted on 29 Sep 2017 by Daniel M. Kowalski

Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory . "[W]e conclude that the 2013 conviction for simple assault is not categorically a CIMT and the DHS has not established removability based... Read More

AAO on CIMT, Maryland Simple Assault
Posted on 23 Jul 2014 by Daniel M. Kowalski

"Although the Hearing Transcript from July 15, 2008 indicates that the applicant's assault was committed against a police officer and that the applicant's actions resulted in scrapes and bruises to the police office, the Hearing Transcript... Read More

Tags: mendez , AAO , assault , cimt , Maryland

CA1 on Agg. Fel., Crime of Violence: Villanueva v. Holder
Posted on 27 Apr 2015 by Daniel M. Kowalski

"This is a petition for review of a Board of Immigration Appeals (BIA) determination that petitioner Fredy Villanueva is ineligible for consideration for discretionary relief from removal under a special program. The BIA's result depends on an... Read More

Unpub. BIA on "Legally Impossible" Crimes: Matter of Clase
Posted on 29 Apr 2014 by Daniel M. Kowalski

Ben Winograd writes: "I'm happy to share this favorable BIA decision in a case I litigated with Susan Pai. The Board held that *attempted* second degree gang assault is not a CIMT because, as New York courts have found, it is a "legally... Read More

CA9 En Banc on CIMT, Categorical Approach, CPC § 245(a)(1): Ceron v. Holder
Posted on 31 Mar 2014 by Daniel M. Kowalski

Court Staff Summary : "The en banc court granted Ruben Adolfo Ceron’s petition for review of the Board of Immigration Appeals’ decision finding that his conviction for assault with a deadly weapon other than a firearm, in violation of... Read More

CA1 on Aggravated Felony: Whyte v. Lynch
Posted on 10 Dec 2015 by Daniel M. Kowalski

Whyte v. Lynch, Dec. 9, 2015 - "Because Whyte was convicted in 1999 of third-degree assault under a Connecticut statute, Conn. Gen. Stat. § 53a–61(a)(1), the Board of Immigrations Appeals ("BIA") ordered his removal, reasoning... Read More