Immigration Law

Recent Posts

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

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

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

Unpub. BIA CIMT Victory re 18 USC 491, Mens Rea, 'Reason to Believe' - (Oct. 30, 2017)
Posted on 2 Nov 2017 by Daniel M. Kowalski

David Isaacson writes: "[Here is] a recent unpublished BIA decision I thought your readers might find interesting, in which the BIA held that our client’s 1999 conviction under 18 USC 491, Tokens or Paper Used as Money, did not render him inadmissible... Read More

Unpub. BIA Victory, 2 CIMTs: Matter of Romero
Posted on 24 Jun 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that a charge of deportability under INA 237(a)(2)(A)(ii) based on convictions for two crimes involving moral turpitude cannot be sustained if a waiver... Read More

Unpub. BIA 2 CIMT Victory: Matter of Lopez Leal
Posted on 29 Sep 2017 by Daniel M. Kowalski

Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory . "[W]e conclude that the 2013 conviction for simple assault is not categorically a CIMT and the DHS has not established removability based... Read More

Unpub. BIA CIMT Victory at Oakdale
Posted on 7 Jan 2015 by Daniel M. Kowalski

"The respondent was convicted under 42 U.S.C. § 408(a)(8), for the offense of Disclosure and Use of the Social Security Number of Another Person in Violation of the Laws of the United States. The statute at 42 U.S.C. § 408(a)(8), criminally... Read More

Unpub. BIA Descamps CIMT Victory in Arizona: Matter of Sainz-Rivera (unpub.)
Posted on 19 Mar 2014 by Daniel M. Kowalski

"In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1) — which criminalizes driving under the influence after one’s license has been suspended... Read More

Unpub. BIA on CIMT: Matter of Sainz-Rivera
Posted on 14 May 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1)—which criminalizes driving under the influence after one’s license... Read More

Unpub. BIA on CIMT, Arson: Matter of Hernandez-Hernandez
Posted on 2 Jul 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime involving moral turpitude because perpetrators... Read More