Immigration Law

Recent Posts

Matter of Dingus, 28 I&N Dec. 529 (BIA 2022)
Posted on 22 Apr 2022 by Daniel M. Kowalski

Matter of Dingus, 28 I&N Dec. 529 (BIA 2022) "In a decision dated May 21, 2020, an Immigration Judge found the respondent to be removable as charged, denied her application for a waiver of inadmissibility under section 212(h) of the Immigration... Read More

Matter of Wong, 28 I&N Dec. 518 (BIA 2022)(NJ disorderly conduct offense a "conviction")
Posted on 30 Mar 2022 by Daniel M. Kowalski

Matter of Wong, 28 I&N Dec. 518 (BIA 2022) - A finding of guilt in a proceeding that affords defendants all of the constitutional rights of criminal procedure that are applicable without limitation and that are incorporated against the States under... Read More

Tags: conviction

Barr Certifies 'Judicial Alteration' Cases to Himself
Posted on 29 May 2019 by Daniel M. Kowalski

Matter of Thomas & Thompson, 27 I&N Dec. 556 (A.G. 2019) Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer these cases to me for review of its decisions. The Board’s decisions... Read More

BIA on Cancellation, Protection Order, Conviction: Matter of Medina-Jimenez
Posted on 7 Aug 2018 by Daniel M. Kowalski

Matter of Medina-Jimenez, 27 I&N Dec. 399 (BIA 2018) - The categorical approach does not govern whether violating a protection order under 237(a)(2)(E)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(ii) (2012), renders an... Read More

CA4 on Conviction: Guzman Gonzalez v. Sessions
Posted on 2 Jul 2018 by Daniel M. Kowalski

Guzman Gonzalez v. Sessions - "The question presented for our review is purely legal: does the imposition of $100 in court costs, assessed attendant to a prayer for judgment continued under North Carolina law, qualify as a “conviction”... Read More

BIA Amicus Brief Invitation re Validity of Conviction for Immigration Purposes (due July 27, 2018)
Posted on 28 Jun 2018 by Daniel M. Kowalski

BIA, June 27, 2018 - "Amicus Invitation No. 18-06-27 (Amended) AMICUS INVITATION (VALIDITY OF A CONVICTION FOR IMMIGRATION PURPOSES), DUE JULY 27, 2018 JUNE 27, 2018 The Board of Immigration Appeals welcomes interested members of the public... Read More

Tags: amicus , 1203 , punu , bia , conviction , roldan

Jessica Colotl Stripped of DACA Status; Lawsuit Filed
Posted on 11 May 2017 by Daniel M. Kowalski

Miriam Jordan, New York Times, May 10, 2017 - "Ms. Colotl, who was brought to the United States by her parents as a child, learned Monday that her DACA status had been revoked, thrusting her into the national immigration debate anew. With a new president... Read More

BIA Takes Pickering Nationwide: Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018)
Posted on 6 Apr 2018 by Daniel M. Kowalski

Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018) - The Board of Immigration Appeals’ holding in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003), rev’d on other grounds, Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006), regarding... Read More

CA2 Reverses Criminal Conviction of Immigration Lawyer: U.S. v. Gupta
Posted on 14 Nov 2012 by Daniel M. Kowalski

"A lawyer's immigration fraud conviction has been vacated because of the trial judge's "intentional, unjustified" closure of the courtroom to the public during the entirety of voir dire. In an unusual move, the original panel at... Read More

N.D. Cal. Orders Remand to AAO: Marsh v. Napolitano (Foreign Conviction Expunged; Waiver)
Posted on 9 Sep 2012 by Daniel M. Kowalski

"Plaintiff Jay Marsh, a United States citizen, sued the Department of Homeland Security (DHS) because it did not issue a visa or a waiver to his wife, Shiho Takeda, to permit her to enter the United States. ... The basis for the denial was Takeda's... Read More

BIA on Aggravated Felony, Conviction, Recidivist Enhancement: Matter of Cuellar-Gomez
Posted on 18 Jul 2012 by Daniel M. Kowalski

Matter of Cuellar-Gomez, ID 3760, 25 I&N Dec. 850 (BIA 2012) - (1) A formal judgment of guilt of an alien entered by a municipal court is a “conviction” under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. §... Read More

Unpub. BIA 212(c) Remand (Date of Conviction)
Posted on 30 Sep 2016 by Daniel M. Kowalski

Mario R. Urizar writes: "We asked for a three panel member decision and oral argument to review INA 212(c) eligibility under Matter of Abdelghany as it applies to individuals with convictions after trial. Specifically, under the ineligibility language... Read More

The Immigration Consequences of Expunged Convictions: Rodriguez v. Tenn.
Posted on 8 Apr 2014 by Daniel M. Kowalski

"The petitioner, a Mexican citizen, entered a guilty plea to the misdemeanor charge of patronizing prostitution and was granted judicial diversion. After successfully completing his diversion, the petitioner’s criminal record was expunged.... Read More

BIA on Definition of 'Conviction' for Adam Walsh Act Purposes: Matter of Calcano de Millan, 26 I&N Dec. 904 (BIA 2017)
Posted on 13 Jan 2017 by Daniel M. Kowalski

Matter of Calcano de Millan, 26 I&N Dec. 904 (BIA 2017) - For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C... Read More

Matter of V-X-, 26 I&N Dec. 147 (BIA 2013)
Posted on 26 Jun 2013 by Daniel M. Kowalski

(1) A grant of asylum is not an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2006). (2) When termination of an alien’s asylum status occurs in... Read More