Immigration Law

Recent Posts

Categorical Approach Victory at CA10: Johnson v. Barr
Posted on 1 Aug 2020 by Daniel M. Kowalski

Johnson v. Barr "We address whether Johnson’s state drug conviction under the 2016 version of Colorado Revised Statute (C.R.S.) § 18-18-403.5(1), (2)(a) subjects him to deportation from the United States. Because C.R.S. § 18-18... Read More

Barr Nukes the Categorical Approach: Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020)
Posted on 30 Jul 2020 by Daniel M. Kowalski

Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020) (1) If all of the means of committing a crime, based on the elements of the statute of conviction, amount to one or more of the offenses listed in section 101(a)(43) of the Immigration and Nationality... Read More

CA2 on Antique Firearms: Jack v. Barr
Posted on 16 Jul 2020 by Daniel M. Kowalski

Jack v. Barr "In these tandem cases, Jervis Glenroy Jack and Ousmane Ag each petition for review of decisions of the Board of Immigration Appeals (BIA) ordering them removed based on their New York firearms convictions. See 8 U.S.C. § 1227... Read More

CA2 on Categorical Approach, Firearms: Williams v. Barr
Posted on 27 May 2020 by Daniel M. Kowalski

Williams v. Barr "Robert Junior Williams petitions for review of a 2018 Board of Immigration Appeals (“BIA”) decision ordering him removed based on his 2016 Connecticut state conviction for carrying a pistol or revolver without a permit... Read More

CA3 on Categorical Approach: Rosa v. Atty. Gen.
Posted on 30 Jan 2020 by Daniel M. Kowalski

Rosa v. Atty. Gen. "This appeal asks us to address an issue of first impression under the Immigration and Nationality Act (the “Act”) that carries implications beyond immigration law: whether the categorical approach, which compares... Read More

CA9 on Theft, Agg. Felony: Lopez-Aguilar v. Barr
Posted on 28 Jan 2020 by Daniel M. Kowalski

Lopez-Aguilar v. Barr "Petitioner Ludwin Israel Lopez-Aguilar, a native and citizen of Guatemala, seeks review of a final order of the Board of Immigration Appeals (“BIA”) finding him removable pursuant to § 237(a)(2)(A)(iii) of... Read More

CA3 on Agg. Fel., CAT, El Salvador: Quinteros v. Atty. Gen.
Posted on 17 Dec 2019 by Daniel M. Kowalski

Quinteros v. Atty. Gen. "The Board of Immigration Appeals found that Nelson Quinteros committed an aggravated felony and failed to show entitlement to relief under the Convention Against Torture (CAT). Quinteros argues that the Board committed... Read More

CA10 on CIMT, Divisibility: Garcia-Morales v. Barr
Posted on 26 Nov 2019 by Daniel M. Kowalski

Garcia-Morales v. Barr "Mr. Garcia-Morales argues that, contrary to the BIA’s conclusion, his accessory conviction under Idaho Code (“I.C.”) § 18-205 is categorically not a crime involving moral turpitude (“CIMT”... Read More

Matter of Gonzalez Lemus, 27 I&A Dec. 612 (BIA 2019)
Posted on 25 Sep 2019 by Daniel M. Kowalski

Matter of Gonzalez Lemus, 27 I&A Dec. 612 (BIA 2019) Interim Decision #3961, Sept. 25, 2019 (1) Because the identity of the drug involved is an element of the crime of possession of a controlled substance under section 124.401(5) of the Iowa Code... 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

CA7 on Divisibility - Najera-Rodriguez v. Barr
Posted on 5 Jun 2019 by Daniel M. Kowalski

Najera-Rodriguez v. Barr "Whether the Xanax possession conviction made Najera-Rodriguez removable depends on whether the Illinois criminal law under which he was convicted, 720 ILCS 570/402(c), is “divisible” for purposes of applying... Read More

Unpub. BIA Victory: NY Grand Larceny (Matter of Reyes)
Posted on 3 May 2019 by Daniel M. Kowalski

In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019 , the BIA stated: "[B]ased on a straightforward application of the categorical approach outlined in Taylor and its progeny, we must... Read More

CA9 on Categorical Approach: Atenia Lorenzo II
Posted on 18 Jan 2019 by Daniel M. Kowalski

Atenio Lorenzo II "The opinion filed August 29, 2018, and reported at 902 F.3d 930 , is WITHDRAWN. A substitute memorandum disposition is filed concurrently with this order. The government’s petition for panel rehearing, filed November 14... Read More

CA9 on Arizona Drug Laws, Categorical Approach: Vera-Valdevinos v. Lynch (unpub.)
Posted on 13 May 2016 by Daniel M. Kowalski

BC Law Students Win Momentous Ninth Circuit Victory - "In what one observer is calling “a watershed decision,” the Ninth Circuit Court of Appeals on May 11 granted a petition briefed and argued by BC Law students Jovalin Dedaj ’16... Read More

CA1 on CIMT, Modified Categorical Approach: Patel v. Holder
Posted on 4 Feb 2013 by Daniel M. Kowalski

"In 2003, petitioner Nupur Patel pled guilty to conspiracy-to-commit-larceny charges stemming from a scheme in which he stole from the dorm rooms of his college classmates. As a result, an Immigration Judge (IJ) and the Board of Immigration Appeals... Read More