Immigration Law

Recent Posts

Unpub. BIA Victory: NY Grand Larceny (Matter of Reyes)
Posted on 3 May 2019 by Daniel M. Kowalski

In an unpublished, three-member panel (GREER, Wendtland; O'Connor dissenting) decision dated April 24, 2019 , the BIA stated: "[B]ased on a straightforward application of the categorical approach outlined in Taylor and its progeny, we must... Read More

CA4 on CIMT: Martinez v. Sessions
Posted on 16 Jun 2018 by Daniel M. Kowalski

Prof. Maureen Sweeney writes: "Please share this published decision we got today [June 15, 2018] from the 4th Cir. http://www.ca4.uscourts.gov/opinions/171301.P.pdf . It does a great job applying the categorical analysis to hold that Maryland's... Read More

CA10 on CIMT, Burden of Proof: Lucio-Rayos v. Sessions
Posted on 15 Nov 2017 by Daniel M. Kowalski

Lucio-Rayos v. Sessions, Nov. 14, 2017 - "The question presented in this petition for review is whether Petitioner Juan Alberto Lucio-Rayos’s municipal theft conviction qualifies as a crime involving moral turpitude (“CIMT”), which... Read More

CA10 on CIMT: Mungia-Baeza v. Sessions
Posted on 16 Mar 2018 by Daniel M. Kowalski

Mungia-Baeza v. Sessions - "Mr. Munguia-Baeza was not convicted under the theft statute. Instead, he was convicted of first-degree aggravated motor vehicle theft under Colo. Rev. Stat. § 18-4-409. Unlike the theft statute, Mr. Munguia-Baeza’s... Read More

CA9 on CIMT, Retroactivity - Garcia-Martinez v. Sessions
Posted on 9 Apr 2018 by Daniel M. Kowalski

Garcia-Martinez v. Sessions "Perhaps the BIA slumbered for many decades while other authorities were wisely updating the law so that theft offenses would net individuals other than those who intended to literally permanently deprive others of... Read More

Vassell II - CA11 on 'Theft Offense'
Posted on 29 Oct 2016 by Daniel M. Kowalski

Vassell II, Oct. 21, 2016 - "The opinion issued by this panel in this case on June 13, 2016 is withdrawn, and this opinion is issued in its place. In our earlier opinion, this Court reversed the holding of the Board of Immigration Appeals (BIA) that... Read More

AAO 212(h) CIMT Victory: Matter of A-A-N-V-
Posted on 7 Sep 2016 by Daniel M. Kowalski

Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016) - "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§... Read More

Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart
Posted on 24 Mar 2015 by Daniel M. Kowalski

"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings... Read More

CA4 on Theft Offense, Agg. Fel. - Castillo v. Holder
Posted on 15 Jan 2015 by Daniel M. Kowalski

"Julio C. David Castillo, a citizen of Honduras, filed this petition seeking review of a decision by the Board of Immigration Appeals (BIA) dismissing Castillo’s appeal from an immigration judge’s order of removal. The BIA determined... Read More

CA4 on Categorical Approach, Theft, Embezzlement: Mena v. Lynch
Posted on 28 Apr 2016 by Daniel M. Kowalski

Mena v. Lynch, Apr. 27, 2016 - "Common sense suggests that knowingly receiving either stolen or embezzled property – i.e., the offense set forth in the second paragraph of § 659 - is a form of theft. See, e.g., United States v. Johnson... Read More

CA9 Overturns Almanza-Arenas (CIMT, Inconclusive Record; Young v. Holder abrogated in part)
Posted on 10 Nov 2014 by Daniel M. Kowalski

Court Staff Summary: "The panel granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published decision, Matter of Almanza-Arenas , 24 I. & N. Dec. 771 (BIA 2009), which held that a California... Read More

CA11 on Theft, Fraud, Consent...and Inconsistent BIA Rulings: Vassell v. U.S. Atty. Gen.
Posted on 13 Jun 2016 by Daniel M. Kowalski

Vassell v. U.S. Attorney General, June 13, 2016 - "The Board of Immigration Appeals (BIA) ruled that Winsome Vassell is deportable because she pleaded guilty to “theft by taking” in violation of Georgia Code § 16-8-2. Mrs. Vassell... Read More

BIA on Theft: Matter of Delgado, 27 I&N Dec. 100 (BIA 2017)
Posted on 7 Sep 2017 by Daniel M. Kowalski

Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) - Robbery under section 211 of the California Penal Code, which includes the element of asportation of property, is categorically an aggravated felony theft offense under section 101(a)(43)(G) of the Immigration... Read More

BIA on Agg. Fel. Theft: Matter of Sierra
Posted on 8 Apr 2014 by Daniel M. Kowalski

"Under the law of the United States Court of Appeals for the Ninth Circuit, the offense of attempted possession of a stolen vehicle in violation of sections 193.330 and 205.273 of the Nevada Revised Statutes, which requires only a mental state of... Read More

CA9 on Cal. Theft Offense, Agg. Fel. - Lopez-Valencia v. Lynch
Posted on 17 Aug 2015 by Daniel M. Kowalski

"Adhering to the methodology established by Descamps and our follow-on opinion in Rendon v. Holder, 764 F.3d 1077 (9th Cir. 2014), we conclude that a conviction under California’s theft statute is not an aggravated felony because it is not... Read More