Immigration Law

Recent Posts

CA9 on CIMT, Cancellation: Ortega-Lopez IV
Posted on 21 Oct 2020 by Daniel M. Kowalski

Ortega-Lopez v. Barr "Ortega-Lopez, a native and citizen of Mexico, petitions for review of a ruling by the Board of Immigration Appeals (BIA) [ Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) ] that he was ineligible for cancellation of... Read More

CA3 on CIMT: Larios v. Atty. Gen.
Posted on 14 Oct 2020 by Daniel M. Kowalski

Larios v. Atty. Gen. "Here, in what is now Lazaro Javier Larios’s third petition for review from prior reversals, the Board of Immigration Appeals (BIA) applied the categorical approach and held Larios ineligible for cancellation of removal... Read More

CA4 on CIMT: Nunez-Vasquez v. Barr
Posted on 14 Jul 2020 by Daniel M. Kowalski

Nunez-Vasquez v. Barr "David Nunez-Vasquez seeks review of the Board of Immigration Appeals (“BIA”) finding that he was removable because he had been convicted of two crimes involving moral turpitude (“CIMT”)—a conviction... Read More

Tags: cimt , turpitude

CA8 on CIMT: Ortiz II (Obstruction)
Posted on 24 Jun 2020 by Daniel M. Kowalski

Ortiz v. Barr "[In Ortiz I, this] Court determined that a conviction under Minn. Stat. Ann. § 609.50, subdiv. 2(2) [obstruction of legal process, arrest, or firefighting] is not categorically a crime of violence—and, thus, not an aggravated... Read More

CA2 Vacates Matter of Mendez! (CIMT, Misprision)
Posted on 27 May 2020 by Daniel M. Kowalski

Mendez v. Barr "Tomas Mendez, a lawful permanent resident, was denied reentry to the country upon his return from a trip abroad. The Department of Homeland Security charged him as inadmissible for having been previously convicted of misprision... Read More

CA3 on CIMT, Retroactivity: Francisco-Lopez v. Barr
Posted on 15 May 2020 by Daniel M. Kowalski

Francisco-Lopez v. Barr "We grant review and join several other circuits in ruling that the BIA should not have retroactively applied Diaz-Lizarraga. See Monteon-Camargo v. Barr, 918 F.3d 423 (5th Cir. 2019); Garcia-Martinez v. Sessions, 886 F... Read More

CA9 on CIMT, AggFel: Jauregui-Cardenas v. Barr
Posted on 13 Jan 2020 by Daniel M. Kowalski

Jauregui-Cardenas v. Barr "Maria Jauregui-Cardenas petitions for review of a final order of removal, arguing the Board of Immigration Appeals (“BIA”) erred in holding that she is an inadmissible alien who is not eligible for discretionary... Read More

Matter of Salad, 27 I&N Dec. 733 (BIA 2020)
Posted on 3 Jan 2020 by Daniel M. Kowalski

Matter of Salad, 27 I&N Dec. 733 (BIA 2020) The offense of making terroristic threats in violation of section 609.713, subdivision 1, of the Minnesota Statutes is categorically a crime involving moral turpitude. 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 J-P-G-, 27 I&N Dec. 642 (BIA 2019)
Posted on 14 Oct 2019 by Daniel M. Kowalski

Matter of J-P-G-, 27 I&N Dec. 642 (BIA 2019) (1) The offense of menacing in violation of section 163.190 of the Oregon Revised Statutes is categorically a crime involving moral turpitude. (2) The element of actual inflicted fear is not necessary... 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

CA9 on CIMT: Aguirre Barbosa v. Barr
Posted on 28 Mar 2019 by Daniel M. Kowalski

Aguirre Barbosa v. Barr "Petitioner Pedro Aguirre Barbosa, a Mexican citizen, was convicted of robbery in the third degree in violation of Oregon Revised Statutes section 164.395. An immigration judge (“IJ”) denied relief from removal... Read More

CA5 on Retroactivity: Monteon-Camargo v. Barr
Posted on 15 Mar 2019 by Daniel M. Kowalski

Monteon-Camargo v. Barr "Gustavo Monteon-Camargo, a native and citizen of Mexico, petitions for review of a final order of removal by the Board of Immigration Appeals (“BIA” or “Board”). The BIA determined that Monteon-Camargo... Read More

BIA on CIMT, Cancellation: Matter of Ortega-Lopez II
Posted on 6 Aug 2018 by Daniel M. Kowalski

Matter of Ortega-Lopez II - (1) The offense of sponsoring or exhibiting an animal in an animal fighting venture in violation of 7 U.S.C. § 2156(a)(1) (2006) is categorically a crime involving moral turpitude. Matter of Ortega-Lopez, 26 I&N Dec... Read More

CA4 on CIMT: Martinez v. Sessions
Posted on 16 Jun 2018 by Daniel M. Kowalski

Prof. Maureen Sweeney writes: "Please share this published decision we got today [June 15, 2018] from the 4th Cir. http://www.ca4.uscourts.gov/opinions/171301.P.pdf . It does a great job applying the categorical analysis to hold that Maryland's... Read More