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Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
Divided CA9, En Banc: Diaz-Rodriguez v. Garland (Child Abuse, Chevron)
Diaz-Rodriguez v. Garland (Reversing the published 2021 panel decision.) Plurality : "This case raises the question whether an alien who has been convicted under section 273a(a) of the California Penal Code (criminalizing offenses against children...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
BIA on Tenn. Statutory Rape: Matter of Aguilar-Barajas
Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021) (1) The offense of aggravated statutory rape under section 39-13-506(c) of the Tennessee Code Annotated is categorically a “crime of child abuse” within the meaning of section 237...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020)
Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020) The risk of harm to a child required to obtain a conviction for child neglect in the second degree under section 163.545(1) of the Oregon Revised Statutes is sufficiently high that the offense...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Immigration Law Blog
CA9 on 'Crime of Child Abuse' - Alvarez-Cerriteno v. Sessions
Alvarez-Cerriteno v. Sessions - "Today we must determine whether Nevada’s child neglect statute is broader—that is, makes criminal more conduct—than does the federal Immigration and Nationality Act’s (“INA”) generic...
Bajeerah LaCava
over 7 years ago
Labor and Employment Law
Labor and Employment Law Blog
U.S. Supreme Court Hears Arguments in Appeal Over Statements to Teacher
WASHINGTON, D.C. — (Mealey’s) The Ohio Supreme Court erred when it held that when teacher, as a mandatory reporter, becomes involved in reporting suspected child abuse, that teacher became a law enforcement agent of the government for the...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
CA10 on INA Sec. 237(a)(2)(E)(i): Ibarra v. Holder
"Elia Ibarra Rivas petitions for review of a Board of Immigration Appeals decision that found her Colorado conviction for “child abuse – negligence – no injury” to categorically constitute a “crime of child abuse, child...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
Unpub. BIA Categorical Approach Victory: N.Y. Child Welfare Statute
"DHS must prove that 260.10(1) of the New York Penal Law categorically falls within the ambit of a crime of child abuse, neglect or abandonment. Although our standard in Soram is broadly interpreted, we nonetheless agree with the Immigration Judge...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
BIA on 237(a)(2)(E)(i) - Matter of Mendoza Osorio, 26 I&N Dec. 703 (BIA 2016)
Matter of Mendoza Osorio, 26 I&N Dec. 703 (BIA 2016) - The offense of endangering the welfare of a child in violation of section 260.10(1) of the New York Penal Law, which requires knowingly acting in a manner likely to be injurious to the physical...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Inside News
Unpub. BIA Victory: child abuse
Attorney Aaron Tarin writes: " Here is a bit of good news to those battling the toxic spread of Matter of Soram 's expansive definition of child abuse. [In an unpublished decision dated Dec. 6, 2011 ] the Board held that Assault with Substantial...
Jay Shapiro
over 11 years ago
Lexis® Hub
Practice Area Commentary
Camreta v. Greene: Will the Supreme Court Reach an Important Fourth Amendment Issue Concerning the Questioning of Witnesses?
By Jay Shapiro, Partner Katten Muchin Rosenman LLP "If the Supreme Court finds its way to one of the critical issues in Camreta v. Greene, 588 F.3d 1011 (9th Cir. Or. 2009) (Free unenhanced version of the opinion available from lexisONE Free Case...
Jay Shapiro
over 11 years ago
Top Emerging Trends
Emerging Issues Law Blog
Camreta v. Greene: Will the Supreme Court Reach an Important Fourth Amendment Issue Concerning the Questioning of Witnesses?
By Jay Shapiro, Partner Katten Muchin Rosenman LLP “If the Supreme Court finds its way to one of the critical issues in Camreta v. Greene , 588 F.3d 1011 (9th Cir. Or. 2009) (Free unenhanced version of the opinion available from lexisONE Free...
LexisNexis Litigation Resource Community Staff
over 12 years ago
Litigation
News Headlines
2nd Sex Abuse Suit against Santa Rosa Diocese
SAN FRANCISCO - (AP) A man who claimed he was sexually abused as a child by an Irish priest filed a lawsuit Thursday against the Roman Catholic Diocese of Santa Rosa the second such suit alleging the church knew the priest faced abuse charges in Ireland...
LexisNexis Litigation Resource Community Staff
over 12 years ago
Litigation
News Headlines
Tech Cos. Want Boy Scout 'Perversion Files' Blocked
PORTLAND, Ore. - (AP) The country's leading technology trade association, which represents major multinationals including IBM, Boeing Co. and Microsoft Corp., has written a brief in support of the Boy Scouts of America in a lawsuit that seeks to make...
LexisNexis Litigation Resource Community Staff
over 12 years ago
Litigation
News Headlines
High Court Says County Doesn’t Have To Pay For Mistake
WASHINGTON, D.C. - (AP) The Supreme Court says Los Angeles County does not have to pay attorney fees to a couple listed as child abusers even though they were declared innocent years ago. The high court's unanimous ruling came on Tuesday. Craig and...