Immigration Law

Recent Posts

CA11 on CIMT: Lauture v. Garland
Posted on 17 Mar 2022 by Daniel M. Kowalski

Lauture v. Garland "The Board of Immigration Appeals, affirming the decision of an immigration judge, ruled that Emmanuel Lauture was removeable from the United States because his Florida conviction for burglary of an unoccupied dwelling, see Fla... Read More

The Elusive Concept of Moral Turpitude
Posted on 4 Mar 2022 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Mar. 4, 2022 "I’ve never understood crimes involving moral turpitude. I confess this after reading a recent decision of the U.S. Court of Appeals for the Eleventh Circuit that caused me to realize that I am not alone... Read More

CA3 on CIMT, Retroactivity: Francisco-Lopez v. Barr
Posted on 15 May 2020 by Daniel M. Kowalski

Francisco-Lopez v. Barr "We grant review and join several other circuits in ruling that the BIA should not have retroactively applied Diaz-Lizarraga. See Monteon-Camargo v. Barr, 918 F.3d 423 (5th Cir. 2019); Garcia-Martinez v. Sessions, 886 F... Read More

CA9 on CIMT, AggFel: Jauregui-Cardenas v. Barr
Posted on 13 Jan 2020 by Daniel M. Kowalski

Jauregui-Cardenas v. Barr "Maria Jauregui-Cardenas petitions for review of a final order of removal, arguing the Board of Immigration Appeals (“BIA”) erred in holding that she is an inadmissible alien who is not eligible for discretionary... Read More

Matter of Salad, 27 I&N Dec. 733 (BIA 2020)
Posted on 3 Jan 2020 by Daniel M. Kowalski

Matter of Salad, 27 I&N Dec. 733 (BIA 2020) The offense of making terroristic threats in violation of section 609.713, subdivision 1, of the Minnesota Statutes is categorically a crime involving moral turpitude. Read More

Matter of J-P-G-, 27 I&N Dec. 642 (BIA 2019)
Posted on 14 Oct 2019 by Daniel M. Kowalski

Matter of J-P-G-, 27 I&N Dec. 642 (BIA 2019) (1) The offense of menacing in violation of section 163.190 of the Oregon Revised Statutes is categorically a crime involving moral turpitude. (2) The element of actual inflicted fear is not necessary... Read More

Unpub. BIA Categorical Approach CIMT Victory (Texas, Burglary)
Posted on 6 Sep 2019 by Daniel M. Kowalski

In this May 24, 2019 three-member panel decision (Malphrus, Liebowitz, Mullane) the BIA stated: "[W]e will reverse the Immigration Judge's determination that the respondent's burglary conviction is for a crime involving moral turpitude..... Read More

Aguirre Barbosa, Amended
Posted on 6 Jun 2019 by Daniel M. Kowalski

Aguirre Barbosa v. Barr, June 6, 2019 Court Staff Summary: "The panel filed: (1) an order denying Respondent’s motion to depublish and granting the motion to amend the opinion filed on March 28, 2019, and appearing at 919 F.3d 1169; and ... Read More

CA7 on Moral Turpitude: Garcia-Martinez v. Barr
Posted on 17 Apr 2019 by Daniel M. Kowalski

Garcia-Martinez v. Barr "We must therefore consider whether the crime New Jersey has labeled “assault with a deadly weapon” covers only conduct that is properly classified as a crime of moral turpitude, or if on the other hand it sweeps... Read More

CA5 on Retroactivity: Monteon-Camargo v. Barr
Posted on 15 Mar 2019 by Daniel M. Kowalski

Monteon-Camargo v. Barr "Gustavo Monteon-Camargo, a native and citizen of Mexico, petitions for review of a final order of removal by the Board of Immigration Appeals (“BIA” or “Board”). The BIA determined that Monteon-Camargo... Read More

CA6 on CIMT: Molina Hernandez v. Whitaker
Posted on 23 Jan 2019 by Daniel M. Kowalski

Molina Hernandez v. Whitaker "Julio Molina Hernandez (“Molina”) appeals the Board of Immigration Appeals (“BIA”) decision (1) finding him removable on the basis that his felonious assault conviction under Mich. Comp. Laws... Read More

Matter of Ortega-Lopez, ID 3777, 26 I&N Dec. 99 (BIA 2013)
Posted on 8 Mar 2013 by Daniel M. Kowalski

The offense of sponsoring or exhibiting an animal in an animal fighting venture in violation of 7 U.S.C. § 2156(a)(1) (2006) is categorically a crime involving moral turpitude. - Matter of Ortega-Lopez, ID 3777, 26 I&N Dec. 99 (BIA 2013) 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

18 U.S.C. 1015(a) Not CIMT: USA v. Li
Posted on 8 Mar 2014 by Daniel M. Kowalski

"In sum, the Court concludes that a violation of [18 U.S.C.] § 1015(a) is not inherently fraudulent and does not include the element of materiality essential to perjury. As a result, the crime Li was convicted of committing is not categorically... Read More

AAO on Moral Turpitude, Willful Misrepresentation
Posted on 7 Oct 2012 by Daniel M. Kowalski

"[W]e acknowledge that the term "moral turpitude" is not in common usage, and it is unlikely that the average person is aware of its meaning and application in U.S. immigration law. ... There is no indication that this applicant was aware... Read More