Immigration Law

Recent Posts

"Round Table" Files Daye v. Garland Amicus Brief at USSC
Posted on 16 Nov 2022 by Daniel M. Kowalski

Hon. Paul W. Schmidt, Nov. 16, 2022 "For over 70 years, Federal Judges from the Supremes on down have turned a “blind eye” to our Constitution and substituted their subjective views on morality and immigrants for the rule of law. Our... Read More

CA7 on CIMT, Retroactivity: Zaragoza v. Garland
Posted on 8 Nov 2022 by Daniel M. Kowalski

Zaragoza v. Garland "Dulce Zaragoza, a native and citizen of Mexico and a lawful permanent resident of the United States, pleaded guilty to the Indiana offense of criminal neglect of a dependent after locking her six-year-old son in a closet for... Read More

Cert. Pet. Challenges Jordan v. DeGeorge, CIMT: Daye v. Garland
Posted on 8 Nov 2022 by Daniel M. Kowalski

Kalvis Golde, SCOTUSblog, Nov. 4, 2022 "In its 1951 decision in Jordan v. De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. The term lacks... Read More

Unpub. CA3 CIMT Victory: King v. Atty. Gen.
Posted on 17 Oct 2022 by Daniel M. Kowalski

King v. Atty. Gen. "King, a native and citizen of Jamaica, arrived in the United States in August 2016 pursuant to a visa, which later expired. He pleaded guilty in January 2020 to third-degree felony fleeing or eluding a police officer in violation... Read More

Tags: cimt

CA9 on FFOA, CIMT: Lara-Garcia v. Garland
Posted on 26 Sep 2022 by Daniel M. Kowalski

Lara-Garcia v. Garland "The BIA held that, in order to qualify for relief under Lujan-Armendariz, a state conviction must have resulted in a sentence of no more than one year of probation. ... In sum, the BIA legally erred by holding that, because... Read More

Tags: ffoa , cimt

Unpub. BIA "Realistic Probability" Victory (Aug. 1, 2022)
Posted on 18 Aug 2022 by Daniel M. Kowalski

Matter of X-, Aug. 1, 2022 (unpub.) "The respondent, a native and citizen of China, entered the United States in 2003, was granted asylum in 2005, and adjusted his status to that of a lawful permanent resident in 2006. In 2012, he was convicted... Read More

Jang v. Garland Amended, Pet. Reh. Denied
Posted on 29 Jul 2022 by Daniel M. Kowalski

Jang v. Garland "After due consideration of the Attorney General’s petition for panel rehearing, we hereby deny the petition and, for clarification, nostra sponte amend our opinion. ... Petitioner Jung Hee Jang, a native and citizen of South... Read More

CA2 on CIMT: Jang v. Garland
Posted on 9 May 2022 by Daniel M. Kowalski

Jang v. Garland "Petitioner Jung Hee Jang, a native and citizen of South Korea, seeks review of a Board of Immigration Appeals decision affirming an Immigration Judge’s denial of Jang’s application for cancellation of removal. In re... Read More

CA11 on CIMT: Lauture v. Garland
Posted on 17 Mar 2022 by Daniel M. Kowalski

Lauture v. Garland "The Board of Immigration Appeals, affirming the decision of an immigration judge, ruled that Emmanuel Lauture was removeable from the United States because his Florida conviction for burglary of an unoccupied dwelling, see Fla... Read More

The Elusive Concept of Moral Turpitude
Posted on 4 Mar 2022 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Mar. 4, 2022 "I’ve never understood crimes involving moral turpitude. I confess this after reading a recent decision of the U.S. Court of Appeals for the Eleventh Circuit that caused me to realize that I am not alone... Read More

CA11 CIMT Remand: Hernandez Zarate v. Garland
Posted on 19 Feb 2022 by Daniel M. Kowalski

Hernandez Zarate v. Garland "The question presented in this appeal—one which has led to a circuit split—is whether a conviction for falsely representing a social security number, see 42 U.S.C. § 408(a)(7)(B), is a CIMT. ... The... Read More

CA5 on Res Judicata, CIMT, Admission: Diaz Esparza II
Posted on 18 Jan 2022 by Daniel M. Kowalski

Diaz Esparza II "Santiago Alejandro Diaz Esparza seeks review of a Board of Immigration Appeals (BIA) decision finding him subject to removal under 8 U.S.C. § 1227(a)(2)(A)(ii), which permits the deportation of aliens who commit two crimes... Read More

CA9 on Marijuana, CIMT: Walcott v. Garland
Posted on 22 Dec 2021 by Daniel M. Kowalski

Walcott v. Garland "Pattie Page Walcott, a citizen of Jamaica, became a lawful permanent resident of the United States in March 1999. In 2011, the government charged her with removability pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) for having... Read More

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