Immigration Law

Recent Posts

The Supreme Court Immigration Case You Never Heard Of: Mathis v. U.S.
Posted on 26 Apr 2016 by Daniel M. Kowalski

Apr. 26, 2016 - Oral argument was heard today in Mathis v. U.S. The transcript is here . Links to all the briefs here . Argument preview here . Nutshell : " On Tuesday, April 26, the United States Supreme Court will hear oral argument in Mathis... Read More

CA9 on Descamps, Divisibility: Rendon v. Holder
Posted on 22 Aug 2014 by Daniel M. Kowalski

"In this case, we consider whether a statute written in the disjunctive is divisible in light of the Supreme Court’s decision in Descamps v. United States, 133 S. Ct. 2276 (2013). The statutory text at issue is a different portion of the same... Read More

Unpublished BIA Decision of the Month (January 2014)
Posted on 11 Feb 2014 by Daniel M. Kowalski

Ben Winograd writes : "Our featured unpublished decision for January 2014 involves an issue as important as it is convoluted: when immigration judges may consult conviction records—such as an indictment or plea colloquy—to determine... Read More

Unpub. BIA on Descamps, Aggravated Felony, 212(h)
Posted on 12 Jul 2013 by Daniel M. Kowalski

"The Department of Homeland Security (DHS) appeals the April 9, 2012, decision of the Immigration Judge, which incorporates his December 14, 2011, interim decision, finding that the respondent's conviction was not an aggravated felony and granting... Read More

CA4 on Divisibility: Omargharib v. Holder
Posted on 24 Dec 2014 by Daniel M. Kowalski

"In this appeal, we consider whether Sayed Gad Omargharib’s conviction under Virginia’s grand larceny statute, Va. Code Ann. § 18.2-95, constitutes an “aggravated felony” under the Immigration and Nationality Act (INA... Read More

BIA 'Clarifies' Chairez
Posted on 28 Sep 2016 by Daniel M. Kowalski

Matter of CHAIREZ-Castrejon, 26 I&N Dec. 819 (BIA 2016) - The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76-10-508.1 of the Utah Code was not shown to be divisible with respect to... Read More

Tags: chairez , descamps , mathis , bia

Waiting for Descamps: How the Supreme Court Might Save Your Crim/Imm Case
Posted on 11 Feb 2013 by Daniel M. Kowalski

"The U.S. Supreme Court will issue a decision in the spring 2013 term in a criminal case, Descamps v. United States , that may have very beneficial implications for immigration cases. The issue relates to proper application of the categorical approach... Read More

Unpub. BIA Descamps Victory in Oklahoma
Posted on 11 Dec 2013 by Daniel M. Kowalski

"The respondent was convicted of domestic abuse - assault and battery under Oklahoma Statute 21, section 644C. which requires assault and battery against certain types of victims. In Steele v. Oklahoma, 778 P.2d 929 (1989), the Oklahoma Criminal... Read More

Unpub. BIA Descamps CIMT Victory in Arizona: Matter of Sainz-Rivera (unpub.)
Posted on 19 Mar 2014 by Daniel M. Kowalski

"In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1) — which criminalizes driving under the influence after one’s license has been suspended... Read More

CA4 Solidifies Descamps: U.S. v. Royal
Posted on 30 Oct 2013 by Daniel M. Kowalski

" Besides federal criminal law, United States v. Royal , No. 10-5296 (4th Cir. Oct. 1, 2013), impacts immigration law in the Fourth Circuit. ... The Fourth Circuit has solidified the Descamps approach as the law of the land. Practitioners in criminal... Read More

Attorney General Lifts Stay on Chairez, Sama
Posted on 8 Sep 2016 by Daniel M. Kowalski

Matter of Chairez-Castrejon, Matter of Sama, 26 I&N Dec. 796 (A.G. 2016) - "By Attorney General Order No. 3583-2015 (Oct. 30, 2015), I directed the Board of Immigration Appeals (“Board”), pursuant to 8 C.F.R. § 1003.1(h)(1)(i... Read More

A.G. to Review Divisibility; Chairez-Castrejon and Sama Stayed: 26 I&N Dec. 686 (A.G. 2015)
Posted on 3 Nov 2015 by Daniel M. Kowalski

Matter of Martin CHAIREZ-Castrejon, Matter of Vera SAMA, 26 I&N Dec. 686 (A.G. 2015) "The Attorney General referred the decisions of the Board of Immigration Appeals to herself for review of an issue relating to the application of Descamps... Read More

CA9 on Descamps: Espinoza-Gonzalez v. Holder (Unpub.) - OIL Argues Descamps Inapplicable
Posted on 25 Jul 2013 by Daniel M. Kowalski

"While Espinoza’s case was pending before this court, the Supreme Court reversed this circuit’s recent en banc holding addressing this issue, United States v. Aguila-Montes de Oca, 655 F.3d 915, 940 (9th Cir. 2011). See Descamps v. United... Read More

CA9 on Aggravated Felony: Aguilar-Turcios II
Posted on 23 Jan 2014 by Daniel M. Kowalski

"In this petition for review of a decision by the Board of Immigration Appeals (“BIA” or “Board”), we address whether Petitioner Rigoberto Aguilar-Turcios’s conviction under Article 92 of the Uniform Code of Military... Read More

CA5 on Descamps: Franco-Casasola v. Holder
Posted on 24 Oct 2014 by Daniel M. Kowalski

Majority : "Donald Efren Franco-Casasola’s petition for panel rehearing is DENIED. We withdraw our prior opinion of March 6, 2014, and substitute the following. The Board of Immigration Appeals (“BIA”) determined that Franco-Casasola... Read More