Immigration Law

Recent Posts

CA2 on CIMT: Jang v. Garland
Posted on 9 May 2022 by Daniel M. Kowalski

Jang v. Garland "Petitioner Jung Hee Jang, a native and citizen of South Korea, seeks review of a Board of Immigration Appeals decision affirming an Immigration Judge’s denial of Jang’s application for cancellation of removal. In re... Read More

CA11 CIMT Remand: Hernandez Zarate v. Garland
Posted on 19 Feb 2022 by Daniel M. Kowalski

Hernandez Zarate v. Garland "The question presented in this appeal—one which has led to a circuit split—is whether a conviction for falsely representing a social security number, see 42 U.S.C. § 408(a)(7)(B), is a CIMT. ... The... Read More

CA9 on Marijuana, CIMT: Walcott v. Garland
Posted on 22 Dec 2021 by Daniel M. Kowalski

Walcott v. Garland "Pattie Page Walcott, a citizen of Jamaica, became a lawful permanent resident of the United States in March 1999. In 2011, the government charged her with removability pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) for having... Read More

CA9 on CIMT, Divisibility, Categorical Approach: Maie v. Garland
Posted on 2 Aug 2021 by Daniel M. Kowalski

Maie v. Garland "Maie’s petition contends that his petty theft convictions are not categorically CIMTs. The government’s initial response argued only that Maie failed to preserve this argument. For reasons explained more fully below... Read More

Tags: cimt , turpitude

New CA9 Opinion in Silva v. Garland (CIMT)
Posted on 30 Mar 2021 by Daniel M. Kowalski

Silva v. Garland "The opinion and concurring opinion filed July 10, 2020, and appearing at 965 F.3d 724 (9th Cir. 2020), are withdrawn. They may not be cited by or to this court or any district court of the Ninth Circuit. A new opinion is filed... Read More

Tags: cimt , turpitude

BIA on Categorical Approach, CIMT, Conspiracy: Matter of Al Sabsabi
Posted on 29 Mar 2021 by Daniel M. Kowalski

Matter of Al Sabsabi, 28 I&N Dec. 269 (BIA 2021) (1) The “offense clause” of the Federal conspiracy statute, 18 U.S.C. § 371 (2012), is divisible and the underlying substantive crime is an element of the offense. (2) Because the... Read More

Caselaw Chart: Assault-Related CIMTs
Posted on 20 Mar 2021 by Daniel M. Kowalski

CLINIC, Tanika Vigil, March 2021 "This chart provides a summary of BIA and circuit court case law regarding the crime involving moral turpitude (CIMT) analysis for assault-related offenses. The purpose of this chart is to provide practitioners... Read More

Matter of Nemis (Conspiracy, CIMT, Modified Categorical Approach; Discretion)
Posted on 8 Mar 2021 by Daniel M. Kowalski

Matter of Nemis, 28 I&N Dec. 250 (BIA 2021) Headnotes: (1) Applying the categorical approach, the conspiracy statute, 18 U.S.C. § 371 (2012), is overbroad relative to the generic definition of a crime involving moral turpitude, and divisible... Read More

Enriquez v. Barr Remanded (CIMT)
Posted on 2 Mar 2021 by Daniel M. Kowalski

Enriquez v. Wilkinson "Respondent’s unopposed motion to remand (Dkt. No. 74) is GRANTED. We REMAND this case to the Board of Immigration Appeals for reconsideration of whether Petitioner’s conviction under Cal. Penal Code § 136... Read More

Tags: cimt , turpitude

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