Immigration Law

Recent Posts

CA3 on CIMT: Larios v. Atty. Gen.
Posted on 14 Oct 2020 by Daniel M. Kowalski

Larios v. Atty. Gen. "Here, in what is now Lazaro Javier Larios’s third petition for review from prior reversals, the Board of Immigration Appeals (BIA) applied the categorical approach and held Larios ineligible for cancellation of removal... Read More

CA4 on CIMT: Nunez-Vasquez v. Barr
Posted on 14 Jul 2020 by Daniel M. Kowalski

Nunez-Vasquez v. Barr "David Nunez-Vasquez seeks review of the Board of Immigration Appeals (“BIA”) finding that he was removable because he had been convicted of two crimes involving moral turpitude (“CIMT”)—a conviction... Read More

Tags: cimt , turpitude

CA8 on CIMT: Ortiz II (Obstruction)
Posted on 24 Jun 2020 by Daniel M. Kowalski

Ortiz v. Barr "[In Ortiz I, this] Court determined that a conviction under Minn. Stat. Ann. § 609.50, subdiv. 2(2) [obstruction of legal process, arrest, or firefighting] is not categorically a crime of violence—and, thus, not an aggravated... Read More

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

CA10 on CIMT, Divisibility: Garcia-Morales v. Barr
Posted on 26 Nov 2019 by Daniel M. Kowalski

Garcia-Morales v. Barr "Mr. Garcia-Morales argues that, contrary to the BIA’s conclusion, his accessory conviction under Idaho Code (“I.C.”) § 18-205 is categorically not a crime involving moral turpitude (“CIMT”... Read More

CA9 on CIMT: Aguirre Barbosa v. Barr
Posted on 28 Mar 2019 by Daniel M. Kowalski

Aguirre Barbosa v. Barr "Petitioner Pedro Aguirre Barbosa, a Mexican citizen, was convicted of robbery in the third degree in violation of Oregon Revised Statutes section 164.395. An immigration judge (“IJ”) denied relief from removal... Read More

CA9 on CIMT: Vasquez-Valle v. Sessions
Posted on 14 Aug 2018 by Daniel M. Kowalski

Vasquez-Valle v. Sessions - "Orlando Vasquez-Valle (“Vasquez-Valle”) is a native and citizen of Mexico. He was convicted of witness tampering in violation of Oregon Revised Statutes § 162.285 and was referred for immigration proceedings... Read More

BIA on CIMT, Cancellation: Matter of Ortega-Lopez II
Posted on 6 Aug 2018 by Daniel M. Kowalski

Matter of Ortega-Lopez II - (1) 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, 26 I&N Dec... Read More

“Vague Laws Invite Arbitrary Power”: Making the Case for Crimes Involving Moral Turpitude Being Void for Vagueness - Sophia Genovese
Posted on 25 Jul 2018 by Daniel M. Kowalski

Sophia Genovese, July 23, 2018 - "The Supreme Court in Sessions v. Dimaya , 138 S. Ct. 1204 (2018) dramatically held that one aspect of the crime of violence definition contained within of the aggravated felony provision of the Immigration and Nationality... 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

Unpub. BIA CIMT Termination Victory; Mens Rea, Divisibililty - TEX. CODE CRIM. PROC. § 62.102
Posted on 11 Jan 2018 by Daniel M. Kowalski

Matter of X-, Jan. 5, 2018, unpub. - "[W]e conclude that the respondent's conviction for Failure to Comply with Registration Requirements does not constitute a conviction for a crime involving moral turpitude. ... Given the mental state which... 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

BIA on CIMT: Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017)
Posted on 17 Oct 2017 by Daniel M. Kowalski

Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017) - Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have... Read More

CA4 on CIMT: Ramirez v. Sessions
Posted on 18 Apr 2018 by Daniel M. Kowalski

Ramirez v. Sessions - "Jose Ramirez seeks review of the decision of the Board of Immigration Appeals (BIA) finding him ineligible for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). Specifically... Read More

CA4 Vacates Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)
Posted on 20 Mar 2018 by Daniel M. Kowalski

Jimenez-Cedillo v. Sessions - "Pedro Josue Jimenez-Cedillo, a native and citizen of Mexico, was ordered removed from the United States after the Board of Immigration Appeals determined that sexual solicitation of a minor in Maryland, to which Jimenez... Read More