Immigration Law

Recent Posts

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In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019 , the BIA stated: "[B]ased on a straightforward application of the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Atenio Lorenzo II "The opinion filed August 29, 2018, and reported at 902 F.3d 930 , is WITHDRAWN.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

Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan
Posted on 9 Oct 2015 by Daniel M. Kowalski

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision... Read More

The Immigration Law Nerd Channel: Categorical Analysis of Immigration Consequences
Posted on 22 Jul 2014 by Daniel M. Kowalski

A 6-minute intro to the strict categorical analysis that determines whether a state (or other) conviction will have federal immigration consequences under United States immigration law. By Maureen A. Sweeney , University of Maryland Carey School of Law... Read More

CA2 on AggFel, Categorical Approach: Harbin v. Sessions
Posted on 22 Jun 2017 by Daniel M. Kowalski

Harbin v. Sessions, June 21, 2017 - "We hold that N.Y. Penal Law § 220.31 defines a single crime and is therefore an “indivisible” statute. Accordingly, the agency should have applied the so‚Äźcalled “categorical approach,”... Read More

CA4 on Jurisdiction, Categorical Approach: Castendet-Lewis v. Sessions
Posted on 26 Apr 2017 by Daniel M. Kowalski

Castendet-Lewis v. Sessions, Apr. 25, 2017 - "We first assess — and deny — the Attorney General’s renewed motion to dismiss. We then proceed to the merits of Castendet’s petition for review, which contends that his burglary... Read More

CA11 on Modified Categorical Approach: Gordon v. Atty. Gen.
Posted on 11 Jul 2017 by Daniel M. Kowalski

Gordon v. Atty. Gen. - "Petitioner Lannie Gordon (“Gordon”) petitions for review of the Board of Immigration Appeals’ (“Board” or “BIA”) order upholding the Immigration Judge’s (“IJ”) finding... Read More

Unpub. BIA Categorical Approach Victory: N.Y. Child Welfare Statute
Posted on 5 May 2013 by Daniel M. Kowalski

"DHS must prove that 260.10(1) of the New York Penal Law categorically falls within the ambit of a crime of child abuse, neglect or abandonment. Although our standard in Soram is broadly interpreted, we nonetheless agree with the Immigration Judge... Read More

CA5 on Descamps: Franco-Casasola v. Holder
Posted on 24 Oct 2014 by Daniel M. Kowalski

Majority : "Donald Efren Franco-Casasola’s petition for panel rehearing is DENIED. We withdraw our prior opinion of March 6, 2014, and substitute the following. The Board of Immigration Appeals (“BIA”) determined that Franco-Casasola... Read More

CA5 on CIMT, 'de minimus touching' - Cisneros-Guerrerro v. Holder
Posted on 30 Dec 2014 by Daniel M. Kowalski

"Proceeding pro se, Salvador Cisneros-Guerrerro, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals finding that his prior offense of public lewdness, under Texas Penal Code § 21.07, was categorically... Read More

BIA Amicus Brief Invitation: Modified Categorical Approach & CIMTs
Posted on 14 Jun 2017 by Daniel M. Kowalski

Amicus Invitation No. 17-06-12 AMICUS INVITATION (MODIFIED CATEGORICAL APPROACH & CIMTS) DUE [JULY 12, 2017] JUNE 12, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the... Read More