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Hats way off to Amanda Waterhouse for this June 23, 2022 victory : "We agree with the respondent that the Texas Penal Code § 22.04(a)(3) is not divisible to [sic] between offenses committed by "act" and those committed by "omission...

Aguirre-Zuñiga v. Garland "Jonathan Aguirre-Zuniga became a lawful permanent resident of the United States in 2007. Approximately ten years later, he pled guilty to delivery of methamphetamine in Indiana. The Department of Homeland Security...

Matter of Morgan, 28 I&N Dec. 508 (BIA 2022) Larceny in the third degree under section 53a-124(a) of the Connecticut General Statutes is not a theft offense aggravated felony under section 101(a)(43)(G) of the Immigration and Nationality Act, 8...

Matter of F-R-A-, 28 I&N Dec. 460 (BIA 2022) - The amount of forfeiture ordered in a criminal proceeding may be considered in determining whether a crime of fraud or deceit resulted in a loss to a victim or victims exceeding $10,0000 pursuant to section...

Matter of Koat, 28 I&N Dec. 450 (BIA 2022) - Section 714.1 of the Iowa Code is divisible with respect to whether a violation of the statute involved theft by taking without consent or theft by fraud or deceit, permitting an Immigration Judge to review...

Da Graca v. Garland "Aires Daniel Benros Da Graca petitions for review of a decision of the Board of Immigration Appeals (the "Board") affirming his order of removal and denying his requests for cancellation of removal and voluntary departure...

Togonon v. Garland "Petitioner Longinos Togonon, a native and citizen of the Philippines, was admitted to the United States as a lawful permanent resident in 2013. In 2015, he was convicted of arson in violation of California Penal Code §...

Matter of Valenzuela, 28 I&N Dec. 418 (BIA 2021) - The respondent’s conviction for carjacking under section 215(a) of the California Penal Code is categorically a conviction for an aggravated felony crime of violence under section 101(a)(43...

DeCarvalho v. Garland "The Board of Immigration Appeals (BIA) held that Janito DeCarvalho's conviction for possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws ch. 94C, § 32A(a), constitutes a "particularly...

Amicus Invitation No. 21-09-11 "ISSUE PRESENTED: Whether all aggravated felonies under section 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43), per se come within the ambit of a particularly serious crime, such that...

Alfred v. Garland "The overbreadth of Washington’s accomplice liability statute means there is no categorical match to the generic federal offense in this case either, and Petitioner’s second-degree robbery convictions cannot constitute...

Lopez-Chavez v. Garland "In May 2017, an Immigration Judge (IJ) determined that Lopez-Chavez is ineligible for cancellation of removal because his 2006 federal conviction for illegal reentry in violation of 8 U.S.C. § 1326 qualifies as an...

Rampersaud v. Barr "Petitioner Charran Daneshwar Rampersaud, a noncitizen resident of the United States, seeks review of an order of the Board of Immigration Appeals (BIA) finding him removable as an aggravated felon for having been convicted of...

Valenzuela Gallardo v. Barr (Valenzuela Gallardo III, vacating Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) ) "Because “obstruction of justice” under § 1101(a)(43)(S) unambiguously requires a nexus to ongoing or...

Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020) (1) If all of the means of committing a crime, based on the elements of the statute of conviction, amount to one or more of the offenses listed in section 101(a)(43) of the Immigration and Nationality...