Immigration Law

Recent Posts

Moncrieffe v. Holder: Implications for Drug Charges and Other Issues Involving the Categorical Approach
Posted on 3 May 2013 by Daniel M. Kowalski

"In Moncrieffe , the Supreme Court held that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. This practice advisory discusses the holding of the case... Read More

Supreme Court on 'Aggravated Felony' - Moncrieffe v. Holder
Posted on 23 Apr 2013 by Daniel M. Kowalski

"The Immigration and Nationality Act (INA), 66 Stat. 163, 8 U. S. C. §1101 et seq., provides that a noncitizen who has been convicted of an “aggravated felony” may be deported from this country. The INA also prohibits the Attorney... Read More

KJ Recaps Moncrieffe Oral Arg
Posted on 11 Oct 2012 by Daniel M. Kowalski

" Here is the transcript to the oral arguments before the U.S. Supreme Court this morning in Moncrieffe v. Holder . Click here for a preview of the issues in the case. Thomas Goldstein of Goldstein and Goldstein argued the case for Adrian Moncrieffe... Read More

Moncrieffe and Olivas-Motta: Fourteen Crim/Imm Defenses in the Ninth Circuit
Posted on 30 May 2013 by Daniel M. Kowalski

"Katherine Brady of the Immigrant Legal Resource Center wrote this advisory, updated as of May 24, 2013 . Thanks to the authors of the Moncrieffe Practice Advisory cited above, and especially to Dan Kesselbrenner, Norton Tooby, Isaac Wheeler, and... Read More

CA9 on Moncrieff, Categorical Match: USA v. Aguilera-Rios
Posted on 17 Jun 2014 by Daniel M. Kowalski

"Jorge Aguilera-Rios (“Aguilera”), a citizen of Mexico, was convicted of a California firearms offense, removed from the United States on the basis of that conviction, and, when he returned to the country, tried and convicted of illegal... Read More

CA1 on Categorical Approach: Peralta Sauceda v. Lynch
Posted on 25 Apr 2016 by Daniel M. Kowalski

Peralta Sauceda v. Lynch, Apr. 22, 2016 - "Jose Ricardo Peralta Sauceda, who entered the United States illegally in 1993 from Honduras, conceded in 2007 that he was removable but requested cancellation of removal. He now petitions for review of the... Read More

Supreme Court Oral Argument Preview: The “War on Drugs” Meets Immigration Law (Again) in Moncrieffe v. Holder
Posted on 9 Oct 2012 by Daniel M. Kowalski

"The question before the Supreme Court is whether a conviction under a state law that includes but is not limited to possession of a small amount of marijuana without remuneration may constitute an aggravated felony, notwithstanding that the record... Read More

CA7 on 'Small Amount,' Moncrieffe: Chen v. Sessions
Posted on 21 Jul 2017 by Daniel M. Kowalski

Chen v. Sessions, July 20, 2017 - "Ming Wei Chen, a lawful permanent resident originally from China, was ordered removed from the United States as an alien convicted of a controlled substance crime, see 8 U.S.C. § 1182(a)(2)(A)(i)(II). The Board... Read More

BIA Amicus Invitation re Jeune v. A.G. (CA3 2007)(Due Sept. 25, 2015)
Posted on 27 Aug 2015 by Daniel M. Kowalski

Amicus Invitation No. 15-08-26 AMICUS INVITATION (Jeune v. Att’y Gen. of the U.S., 476 F.3d 199 (3d Cir. 2007)), DUE SEPTEMBER 25, 2015 AUGUST 26, 2015: The Board of Immigration Appeals welcomes interested members of the public to file amicus... Read More