Immigration Law

Recent Posts

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

Cyrus D. Mehta on USA v. Olivar: Conspiracy Prior to Naturalization Can Trigger Denaturalization
Posted on 16 May 2016 by Daniel M. Kowalski

Cyrus D. Mehta, May 16, 2016 - "One of the advantages of becoming a US citizen is that one is no longer susceptible to being deported from the United States, especially if the person has been convicted of a crime. While being convicted of a crime... Read More

CA9 Rejects Matter of Richardson: USA v. Garcia-Santana (Conspiracy Requires Overt Act)
Posted on 22 Feb 2014 by Daniel M. Kowalski

"... [ Matter of] Richardson [25 I&N Dec. 226 (BIA 2010) ] interpreted “conspiracy” under § 1101(a)(43)(U) as referring to the common-law definition, and thus as omitting any overt-act requirement. ... We cannot accept this interpretation... Read More

CA9 on Conspiracy; Nevada; Burglary; Aggravated Felony: U.S. v. Garcia-Santana
Posted on 15 Dec 2014 by Daniel M. Kowalski

"The government appeals the dismissal of Xochitl Garcia-Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because... Read More

Federal Court in Arizona Permanently Bars Maricopa County from Arresting and Charging Immigrants with "Conspiracy to Transport Themselves"
Posted on 30 Sep 2013 by Daniel M. Kowalski

"On September 27, 2013, a federal court in Arizona issued a permanent injunction stating "Defendants Maricopa County Sheriff Joseph M. Arpaio and Maricopa County Attorney William G. Montgomery, and their agents, employees, successors in office... Read More

Judge: Maricopa County Can't Prosecute Migrants For Smuggling Themselves
Posted on 2 Oct 2013 by Daniel M. Kowalski

"A federal district judge has ruled that one of Maricopa County's most controversial enforcement policies impacting undocumented immigrants must end. On Friday, Judge Robert Broomfield ruled the county of Sheriff Joe Arpaio must immediately stop... Read More