Immigration Law

Recent Posts

BIA Amicus Invitation: Texas Burglary; Crime of Violence; Due Date May 3, 2022
Posted on 12 Apr 2022 by Daniel M. Kowalski

EOIR, Apr. 12, 2022 "ISSUES PRESENTED: 1. Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft... Read More

BIA on Res Judicata, Burglary: Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017)
Posted on 29 Dec 2017 by Daniel M. Kowalski

Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017) - (1) The Department of Homeland Security is not precluded by res judicata from initiating a separate proceeding to remove an alien as one convicted of an aggravated felony burglary offense under... Read More

CA8 on Burglary, Aggravated Felony - Xiong v. Lynch
Posted on 9 Sep 2016 by Daniel M. Kowalski

Xiong v. Lynch, Sept. 8, 2016 - "In its motion to remand, the government argues that the Board should consider whether a second-degree burglary in Minnesota constitutes a generic “burglary” within the meaning of § 1101(a)(43)(G)... 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

Unpub. BIA on Tenn. Burglary: Matter of Lloyd
Posted on 14 May 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding aggravated burglary under Tenn. Code Ann. 39-14-403 is not an aggravated felony under INA 101(a)(43)(G). The Board noted... Read More