Immigration Law

Recent Posts

CA2 Vacates Matter of Mendez! (CIMT, Misprision)
Posted on 27 May 2020 by Daniel M. Kowalski

Mendez v. Barr "Tomas Mendez, a lawful permanent resident, was denied reentry to the country upon his return from a trip abroad. The Department of Homeland Security charged him as inadmissible for having been previously convicted of misprision... Read More

BIA on CIMT: Matter of Mendez, 27 I&N Dec. 219 (BIA 2018)
Posted on 26 Feb 2018 by Daniel M. Kowalski

Matter of Mendez, 27 I&N Dec. 219 (BIA 2018) - Misprision of felony in violation of 18 U.S.C. § 4 (2006) is categorically a crime involving moral turpitude. Matter of Robles, 24 I&N Dec. 22 (BIA 2006), reaffirmed. Robles-Urrea v. Holder,... Read More

CA2 on CIMT: Lugo v. Holder
Posted on 9 Apr 2015 by Daniel M. Kowalski

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction... Read More

CA9 on CIMT, misprision of a felony: Robles-Urrea v. Holder
Posted on 23 Apr 2012 by Daniel M. Kowalski

"That an offense contravenes “societal duties” is not enough to make it a crime involving moral turpitude; otherwise, every crime would involve moral turpitude. Id. at 1070 (majority opinion). Because the BIA relied on this flawed rationale... Read More

Was the Attorney Really Ineffective in Kovacs v. USA?
Posted on 10 Mar 2014 by Daniel M. Kowalski

"In Kovacs v. United States , the United States Court of Appeals for the Second Circuit reversed a lower district court’s decision denying a writ of error coram nobis to vacate a 1999 guilty plea to misprision of felony on the ground that his... Read More

BIA Amicus Brief Filed: Misprision of a Felony is Not a CIMT
Posted on 9 Mar 2017 by Daniel M. Kowalski

AILA, NIJC, IDP, NACDL and the Univ. of Houston Law Center Immigration Clinic filed this amicus brief with the BIA on Mar. 8, 2017. Read More

Tags: amicus , bia , misprision , cimt

BIA Amicus Invitation - Misprision of a Felony
Posted on 5 Jan 2017 by Daniel M. Kowalski

EOIR, Jan. 5, 2017 - "Amicus Invitation No. 17-01-05 AMICUS INVITATION (MISPRISION OF A FELONY) DUE FEBRUARY 6, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below... Read More