Immigration Law

Recent Posts

CA3 Categorical Approach Victory: Vurimindi v. Atty. Gen.
Posted on 24 Aug 2022 by Daniel M. Kowalski

Vurimindi v. Atty. Gen. "We are called on here to decide whether Pennsylvania’s stalking statute, 18 Pa. Stat. and Cons. Stat. § 2709.1(a)(1), constitutes a removable offense under the Immigration and Nationality Act, or, applying the... Read More

CA9 (2-1) Overturns Cordero-Garcia
Posted on 15 Aug 2022 by Daniel M. Kowalski

Cordero-Garcia v. Garland "This petition for review presents the following question: is dissuading or attempting to dissuade a witness from reporting a crime, in violation of California Penal Code (“CPC”) § 136.1(b)(1), “an... Read More

BIA on Firearms, Categorical Approach: Matter of Ortega-Quezada
Posted on 28 Jul 2022 by Daniel M. Kowalski

Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022) - The respondent’s conviction for unlawfully selling or otherwise disposing of a firearm or ammunition in violation of 18 U.S.C. § 922(d) (2018) does not render him removable as charged... Read More

CA7 on Categorical Approach: Aguirre-Zuñiga v. Garland
Posted on 17 Jun 2022 by Daniel M. Kowalski

Aguirre-Zuñiga v. Garland "Jonathan Aguirre-Zuniga became a lawful permanent resident of the United States in 2007. Approximately ten years later, he pled guilty to delivery of methamphetamine in Indiana. The Department of Homeland Security... Read More

BIA on Elements, Categorical Approach: Matter of German Santos
Posted on 5 May 2022 by Daniel M. Kowalski

Matter of German Santos, 28 I&N Dec. 552 (BIA 2022) (1) Any fact that establishes or increases the permissible range of punishment for a criminal offense is an “element” for purposes of the categorical approach, even if the term “element”... Read More

CA1 on Categorical Approach: Da Graca v. Garland
Posted on 19 Jan 2022 by Daniel M. Kowalski

Da Graca v. Garland "Aires Daniel Benros Da Graca petitions for review of a decision of the Board of Immigration Appeals (the "Board") affirming his order of removal and denying his requests for cancellation of removal and voluntary departure... Read More

CA9 on Aggravated Felony: Alfred v. Garland
Posted on 22 Sep 2021 by Daniel M. Kowalski

Alfred v. Garland "The overbreadth of Washington’s accomplice liability statute means there is no categorical match to the generic federal offense in this case either, and Petitioner’s second-degree robbery convictions cannot constitute... Read More

CA11 on Divisibility: Simpson v. Atty. Gen.
Posted on 4 Aug 2021 by Daniel M. Kowalski

Simpson v. Atty. Gen. "Applying the categorical approach, we hold that Mr. Simpson’s conviction for a violation of § 790.23(1)(a) does not constitute a firearm offense under § 1227(a)(2)(C) of the INA and its cross-reference to... Read More

CA8 on Categorical Approach: Peh v. Garland
Posted on 16 Jul 2021 by Daniel M. Kowalski

Peh v. Garland "The Board’s decision in this case is not clear about how it understood the “realistic probability” requirement. The decision said that Peh had “not established a realistic probability that Iowa would successfully... Read More

Practice Advisory: "Realistic Probability" in Immigration Categorical Approach Cases
Posted on 12 Jul 2021 by Daniel M. Kowalski

IDP, NIP/NLG, June 3, 2021 "The concept of “realistic probability” as an aspect of the categorical approach first emerged in 2007 in a Supreme Court decision, Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007). In that decision, and in... Read More

CA7 on Divisibility: Parzych v. Garland
Posted on 28 Jun 2021 by Daniel M. Kowalski

Parzych v. Garland "Czeslaw Parzych, a Polish citizen and lawful permanent resident of the United States, was twice convicted of burglary in Illinois, leading the Department of Homeland Security to begin removal proceedings. After several appeals... Read More

BIA on Categorical Approach, CIMT, Conspiracy: Matter of Al Sabsabi
Posted on 29 Mar 2021 by Daniel M. Kowalski

Matter of Al Sabsabi, 28 I&N Dec. 269 (BIA 2021) (1) The “offense clause” of the Federal conspiracy statute, 18 U.S.C. § 371 (2012), is divisible and the underlying substantive crime is an element of the offense. (2) Because the... Read More

CA5 on Categorical Approach: Alejos-Perez v. Garland
Posted on 22 Mar 2021 by Daniel M. Kowalski

Alejos-Perez v. Garland "[T]o decide whether his 2018 conviction renders him removable, we need to determine whether we can parse MMB-Fubinaca from those other drugs; we decide that by determining whether Penalty Group 2-A is divisible. The government... Read More

CA8 on "Realistic Probability" - Lopez Gonzalez v. Wilkinson
Posted on 10 Mar 2021 by Daniel M. Kowalski

Lopez Gonzalez v. Wilkinson "The question in this case is whether the categorical approach requires a petitioner seeking cancellation of removal to demonstrate both that the state offense he was convicted of is broader than the federal offense... Read More

Matter of Nemis (Conspiracy, CIMT, Modified Categorical Approach; Discretion)
Posted on 8 Mar 2021 by Daniel M. Kowalski

Matter of Nemis, 28 I&N Dec. 250 (BIA 2021) Headnotes: (1) Applying the categorical approach, the conspiracy statute, 18 U.S.C. § 371 (2012), is overbroad relative to the generic definition of a crime involving moral turpitude, and divisible... Read More