Immigration Law

Recent Posts

BIA CIMT Amicus Invitation (Due Date: Dec. 8, 2021)
Posted on 18 Nov 2021 by Daniel M. Kowalski

Amicus Invitation No. 21-17-11 "ISSUE PRESENTED: In Hernandez v. Whitaker, 914 F.3d 430 (6th Cir. 2019), the United States Court of Appeals for the Sixth Circuit concluded that section 750.82 of the Michigan Compiled Laws is not divisible and that... Read More

Tags: amicus brief , bia , cimt

CA9 on CIMT, Divisibility, Categorical Approach: Maie v. Garland
Posted on 2 Aug 2021 by Daniel M. Kowalski

Maie v. Garland "Maie’s petition contends that his petty theft convictions are not categorically CIMTs. The government’s initial response argued only that Maie failed to preserve this argument. For reasons explained more fully below... Read More

Tags: cimt , turpitude

New CA9 Opinion in Silva v. Garland (CIMT)
Posted on 30 Mar 2021 by Daniel M. Kowalski

Silva v. Garland "The opinion and concurring opinion filed July 10, 2020, and appearing at 965 F.3d 724 (9th Cir. 2020), are withdrawn. They may not be cited by or to this court or any district court of the Ninth Circuit. A new opinion is filed... Read More

Tags: cimt , turpitude

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

Caselaw Chart: Assault-Related CIMTs
Posted on 20 Mar 2021 by Daniel M. Kowalski

CLINIC, Tanika Vigil, March 2021 "This chart provides a summary of BIA and circuit court case law regarding the crime involving moral turpitude (CIMT) analysis for assault-related offenses. The purpose of this chart is to provide practitioners... Read More

BIA on Assault, CIMT: Matter of Aguilar-Mendez
Posted on 12 Mar 2021 by Daniel M. Kowalski

Matter of Aguilar-Mendez, 28 I&N Dec. 262 (BIA 2021) The respondent’s conviction for assault by means of force likely to produce great bodily injury in violation of section 245(a)(4) of the California Penal Code is categorically one for a... Read More

Tags: assault , cimt

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

Enriquez v. Barr Remanded (CIMT)
Posted on 2 Mar 2021 by Daniel M. Kowalski

Enriquez v. Wilkinson "Respondent’s unopposed motion to remand (Dkt. No. 74) is GRANTED. We REMAND this case to the Board of Immigration Appeals for reconsideration of whether Petitioner’s conviction under Cal. Penal Code § 136... Read More

Tags: cimt , turpitude

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