Immigration Law

Recent Posts

Unpub. BIA Descamps Remand: Matter of Hernandez Garcia
Posted on 18 Aug 2014 by Daniel M. Kowalski

"[R]espondent argues that the determination cannot be made as to the level of harm he caused his victim under a modified categorical approach, because the indictment, plea agreement, or other documents that would indicate the nature of his offense... Read More

Unpublished BIA Decision of the Month (January 2014)
Posted on 11 Feb 2014 by Daniel M. Kowalski

Ben Winograd writes : "Our featured unpublished decision for January 2014 involves an issue as important as it is convoluted: when immigration judges may consult conviction records—such as an indictment or plea colloquy—to determine... Read More

Unpub. BIA Descamps Victory in Oklahoma
Posted on 11 Dec 2013 by Daniel M. Kowalski

"The respondent was convicted of domestic abuse - assault and battery under Oklahoma Statute 21, section 644C. which requires assault and battery against certain types of victims. In Steele v. Oklahoma, 778 P.2d 929 (1989), the Oklahoma Criminal... 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"In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz.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