Immigration Law

Recent Posts

Unpub. BIA "Realistic Probability" Victory (Aug. 1, 2022)
Posted on 18 Aug 2022 by Daniel M. Kowalski

Matter of X-, Aug. 1, 2022 (unpub.) "The respondent, a native and citizen of China, entered the United States in 2003, was granted asylum in 2005, and adjusted his status to that of a lawful permanent resident in 2006. In 2012, he was convicted... Read More

CA11 on CIMT: Lauture v. Garland
Posted on 17 Mar 2022 by Daniel M. Kowalski

Lauture v. Garland "The Board of Immigration Appeals, affirming the decision of an immigration judge, ruled that Emmanuel Lauture was removeable from the United States because his Florida conviction for burglary of an unoccupied dwelling, see Fla... Read More

Unpub. BIA Categorical Approach CIMT Victory (Texas, Burglary)
Posted on 6 Sep 2019 by Daniel M. Kowalski

In this May 24, 2019 three-member panel decision (Malphrus, Liebowitz, Mullane) the BIA stated: "[W]e will reverse the Immigration Judge's determination that the respondent's burglary conviction is for a crime involving moral turpitude..... Read More

AAO 212(h) CIMT Victory: Matter of A-A-N-V-
Posted on 7 Sep 2016 by Daniel M. Kowalski

Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016) - "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§... 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