Immigration Law

Recent Posts

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