Immigration Law

Recent Posts

Matter of Gonzalez Lemus, 27 I&A Dec. 612 (BIA 2019)
Posted on 25 Sep 2019 by Daniel M. Kowalski

Matter of Gonzalez Lemus, 27 I&A Dec. 612 (BIA 2019) Interim Decision #3961, Sept. 25, 2019 (1) Because the identity of the drug involved is an element of the crime of possession of a controlled substance under section 124.401(5) of the Iowa Code... Read More

CA3 on Modified Categorical Approach - Hillocks v. A.G.
Posted on 12 Aug 2019 by Daniel M. Kowalski

Hillocks v. A.G. "Petitioner Dexter Anthony Hillocks is a lawful permanent resident who was convicted of the Pennsylvania state crime of using a communication facility — i.e., a phone — to facilitate a felony. The question before us... Read More

BIA on 'Realistic Probability' - Matter of Navarro Guadarrama
Posted on 12 Jun 2019 by Daniel M. Kowalski

Matter of Navarro Guadarrama, 27 I&N Dec. 560 (BIA 2019) Interim Decision #3956 Where an alien has been convicted of violating a State drug statute that includes a controlled substance that is not on the Federal controlled substances schedules,... Read More

BIA Amicus Invitation - Conviction for Possession of Controlled Substance, Florida (Due Mar. 29, 2018)
Posted on 27 Feb 2018 by Daniel M. Kowalski

BIA, Feb. 27, 2018 - "Amicus Invitation No. 18-02-27 AMICUS INVITATION (CONVICTION FOR POSESSION OF A CONTROLLED SUBSTANCE IN FLORIDA), DUE March 29, 2018 FEBRUARY 27, 2018 The Board of Immigration Appeals welcomes interested members of... Read More

Heller's Catch 22
Posted on 5 Mar 2018 by Daniel M. Kowalski

Steven D. Heller, Mar. 2018 - "Steven D. Heller’s Catch 22 CFR § 40.6 (Based on a true story) "Bob the Brit (not his real name) was refused entry on the Visa Waiver Program because his repeated visits to the US were deemed by... Read More

BREAKING: Supreme Court Tosses 'Adderall Sock' Deportation Case - Mellouli v. Lynch
Posted on 1 Jun 2015 by Daniel M. Kowalski

"The question presented is whether a Kansas conviction for using drug paraphernalia to store or conceal a controlled substance, §21–5709(b), subjects an alien to deportation under §1227(a)(2)(B)(i), which applies to an alien “convicted... Read More

CA3 on 'relating to a controlled substance' - Borrome v. Attorney General
Posted on 19 Jul 2012 by Daniel M. Kowalski

"We hold that (1) a conviction for violating the FDCA’s wholesale distribution provisions, see 21 U.S.C. §§ 331(t) & 353(e)(2)(A), is not an “aggravated felony” — specifically “illicit trafficking in a... Read More

BIA on Realistic Probability Test: Matter of Ferreira
Posted on 23 Sep 2014 by Daniel M. Kowalski

Official Headnote: Where a State statute on its face covers a controlled substance not included in the Federal controlled substances schedules, there must be a realistic probability that the State would prosecute conduct under the statute that falls outside... Read More

CA9 on Categorical AggFel - Sandoval v. Yates
Posted on 27 Jan 2017 by Daniel M. Kowalski

Sandoval v. Yates, Jan. 27, 2017 - "Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(1)(a). Oregon law permits conviction for delivery under this statute based on mere solicitation. Because... Read More

CA3 on 'Relating to a Controlled Substance' - Rojas v. Attorney General (En Banc)
Posted on 28 Aug 2013 by Daniel M. Kowalski

"Petitioner Ramiro Rojas entered the United States as a lawful permanent resident in 2003 when he was 12 years old. Six years later, Rojas pled guilty to possessing drug paraphernalia in violation of Pennsylvania law and was ordered to pay a fine... Read More