Immigration Law

Recent Posts

Unpub. BIA Categorical Approach Victory: Matter of Calderon
Posted on 4 Feb 2015 by Daniel M. Kowalski

"Upon de novo review, we conclude that a conviction under 18 PA. CONS. STAT. § 6312(d) does not qualify categorically as a conviction for an aggravated felony under section 101 (a)(43)(1) of the Act, such that it would render the respondent... Read More

Unpub. BIA Agg. Fel. Victory: Wash. Rev. Code §§ 9A.28.020(1), 9A.44.089(1)
Posted on 5 Oct 2014 by Daniel M. Kowalski

"The Department of Homeland Security ("DHS') has charged the respondent with removability from the United States as an alien convicted of an "aggravated felony" and a "crime of child abuse." See sections 237(a)(2)(A)... Read More

Unpub. BIA on Tenn. Burglary: Matter of Lloyd
Posted on 14 May 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding aggravated burglary under Tenn. Code Ann. 39-14-403 is not an aggravated felony under INA 101(a)(43)(G). The Board noted... Read More

Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan
Posted on 9 Oct 2015 by Daniel M. Kowalski

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision... 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"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md.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

Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad
Posted on 2 Mar 2016 by Daniel M. Kowalski

IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability... Read More