Immigration Law

Recent Posts

CA2 on Crime of Violence: Genego v. Barr
Posted on 2 May 2019 by Daniel M. Kowalski

Genego v. Barr "The sole basis for the removal order is Genego’s Connecticut conviction for third‚Äźdegree burglary, which the BIA determined was a crime of violence as defined in 18 U.S.C. § 16(b). Subsequently, the Supreme Court handed... Read More

CA9 on Carjacking: Solorio-Ruiz v. Sessions
Posted on 29 Jan 2018 by Daniel M. Kowalski

Solorio-Ruiz v. Sessions, Jan. 29, 2018 - "Petitioner Roberto Solorio-Ruiz, a native and citizen of Mexico, petitions for review of a final order of removal. Petitioner stands convicted of carjacking in violation of California Penal Code § 215... Read More

BREAKING: Supreme Court, 5-4, Says 'Crime of Violence' Definition is Void for Vagueness - Sessions v. Dimaya
Posted on 17 Apr 2018 by Daniel M. Kowalski

Sessions v. Dimaya - "Three Terms ago, in Johnson v. United States, this Court held that part of a federal law’s definition of “violent felony” was impermissibly vague. See 576 U. S. ___ (2015). The question in this case is whether... Read More

Supreme Court Opinion Analysis: Crime-Based Removal Provision is Unconstitutionally Vague - Prof. Kevin Johnson
Posted on 18 Apr 2018 by Daniel M. Kowalski

Prof. Kevin Johnson, Apr. 17, 2018 - "In the last few years, the Supreme Court has decided a steady number of criminal-removal cases. In light of the Trump administration’s emphasis on the removal of “criminal aliens,” we will likely... Read More

BIA on Crime of Violence: Matter of Turou (unpub.)
Posted on 11 Oct 2013 by Daniel M. Kowalski

"[W]e agree with the respondent's contention that pursuant to the Court's decision in Moncrieffe v. Holder, there is "a realistic probability, not a theoretical possibility," that the State of Delaware would apply its Assault in... Read More

Matter of CHAIREZ-Castrejon, 26 I&N Dec. 349 (BIA 2014)(Lanferman withdrawn)
Posted on 25 Jul 2014 by Daniel M. Kowalski

Official headnotes, emphasis added: (1) The categorical approach, which requires a focus on the minimum conduct that has a realistic probability of being prosecuted under the statute of conviction, is employed to determine whether the respondent’s... Read More

CA6 on Crime of Violence, Void for Vagueness - Shuti v. Lynch
Posted on 8 Jul 2016 by Daniel M. Kowalski

Shuti v. Lynch, July 7, 2016 - "In Johnson v. United States, 135 S. Ct. 2551 (2015), the Supreme Court held the Armed Career Criminal Act’s residual definition of “violent felony” void for vagueness. 18 U.S.C. § 924(e)(2)(B... Read More

CA5 on crime of violence: USA v. Esparza-Perez
Posted on 14 May 2012 by Daniel M. Kowalski

"Esparza-Perez’s conviction [Ark. Code § 5-13-204 (2003) agg. assault] does not constitute a crime of violence as the enumerated offense of “aggravated assault” for essentially the same reason the government concedes it does... Read More

BIA - Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016)
Posted on 24 Feb 2016 by Daniel M. Kowalski

Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016) - (1) For a State offense to qualify as a crime of violence under 18 U.S.C. § 16(a) (2012), the State statute must require as an element the use, attempted use, or threatened use of violent... Read More

CA4 (en banc) on Md. Resisting Arrest, Crime of Violence: U.S. v. Aparicio-Soria
Posted on 15 Jan 2014 by Daniel M. Kowalski

"The issue before us is whether the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), “has as an element the use, attempted use, or threatened use of physical force against the person of another,” and therefore... Read More

Matter of U. SINGH, ID 3738, 25 I&N Dec. 670 (BIA 2012)
Posted on 19 Jan 2012 by Daniel M. Kowalski

Matter of U. SINGH, ID 3738, 25 I&N Dec. 670 (BIA 2012) - (1) A decision by a Federal court of appeals reversing a precedent decision of the Board of Immigration Appeals is not binding authority outside the circuit in which the case arises. (2) A... Read More

Matter of GUERRERO, ID 3732, 25 I&N Dec. 631 (BIA 2011)
Posted on 9 Nov 2011 by Daniel M. Kowalski

Matter of GUERRERO , ID 3732, 25 I&N Dec. 631 (BIA 2011) - (1) Because solicitation to commit a “crime of violence” is itself a crime of violence under 18 U.S.C. § 16(b) (2006), a felony conviction for solicitation to commit assault... Read More

CA9 on Crime of Violence, Agg. Fel. - Ramirez v. Lynch
Posted on 20 Jan 2016 by Daniel M. Kowalski

Ramirez v. Lynch, Jan. 20, 2016 - "Our examination of the text of [California Penal Code] section 273a(a), the Shepard documents, and California case law reveals that the state need not prove that a defendant committed a violation of section 273a... Read More

CA1 on Agg. Fel., Crime of Violence: Villanueva v. Holder
Posted on 27 Apr 2015 by Daniel M. Kowalski

"This is a petition for review of a Board of Immigration Appeals (BIA) determination that petitioner Fredy Villanueva is ineligible for consideration for discretionary relief from removal under a special program. The BIA's result depends on an... Read More

CA9 on crime of violence: Flores-Lopez v. Holder
Posted on 9 Jul 2012 by Daniel M. Kowalski

"Carlos Alberto Flores-Lopez petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision finding that his conviction for resisting an executive officer... Read More