Immigration Law

Recent Posts

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

Detention Habeas Victory in Pennsylvania: Bautista v. Sabol
Posted on 25 May 2012 by Daniel M. Kowalski

Raymond Lahoud writes: "We had a very good victory today in the MDPA with respect to mandatory detention. This is a case that I have been working on for years and was before the BIA for oral arguments last year. The District Court granted our... Read More