Immigration Law

Recent Posts

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

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

BIA on Divisibility, Mathis: Matter of Chairez-Castrejon, 27 I&N Dec. 21 (BIA 2017)
Posted on 24 Apr 2017 by Daniel M. Kowalski

Matter of Chairez-Castrejon, 27 I&N Dec. 21 (BIA 2017) - In determining whether a statute is divisible under Mathis v. United States, 136 S. Ct. 2243 (2016), Immigration Judges may consider or “peek” at an alien’s conviction record... Read More

Supreme Court on Categorical Approach: Mathis v. U.S.
Posted on 23 Jun 2016 by Daniel M. Kowalski

Mathis v. U.S., June 23, 2016 - "[W]hether for good or for ill, the elements-based approach remains the law. And we will not introduce inconsistency and arbitrariness into our ACCA decisions by here declining to follow its requirements. Everything... Read More

CA5 on CIMT, TX Misdemeanor Assault - Gomez-Perez v. Lynch
Posted on 12 Jul 2016 by Daniel M. Kowalski

Gomez-Perez v. Lynch, July 11, 2016 - "In 1999, Gomez was charged with misdemeanor assault under section 22.01(a)(1) of the Texas Penal Code, which states that “[a] person commits an offense if the person intentionally, knowingly, or recklessly... Read More

David Isaacson: An Eventful Thursday for Immigration Law at the Supreme Court: United States v. Texas, Mathis v. United States, and What’s Next
Posted on 28 Jun 2016 by Daniel M. Kowalski

David Isaacson, June 28, 2016 - " On Thursday, June 23, the U.S. Supreme Court issued two decisions of significance to immigration law: a 4-4 affirmance without opinion in United States v. Texas , and a 5-3 decision in Mathis v. United States . The... Read More

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