Immigration Law

Recent Posts

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

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

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

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 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

Unpub. BIA CIMT Termination Victory (Dec. 6, 2017)
Posted on 18 Dec 2017 by Daniel M. Kowalski

"On de novo review, we are not persuaded by the DHS's appellate arguments to disturb the Immigration Judge's decision to terminate these removal proceedings. We agree with the Immigration Judge's conclusion, as set forth in his well-reasoned... 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

Unpub. BIA CIMT Victory: Matter of K-K-R- (Mar. 9, 2018)
Posted on 15 Mar 2018 by Daniel M. Kowalski

Matter of K-K-R- (Mar. 9, 2018, unpub.) - "The only issue on appeal is whether Minn. Stat. § 609.713, subd. 1, is a CIMT. We agree with the Immigration Judge that Avendano v. Holder is not dispositive. The Immigration Judge correctly observed... 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