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ayala
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Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
Unpub. BIA CIMT Termination Victory; Mens Rea, Divisibililty - TEX. CODE CRIM. PROC. § 62.102
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...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Immigration Law Blog
Unpub. BIA CIMT Victory re 18 USC 491, Mens Rea, 'Reason to Believe' - (Oct. 30, 2017)
David Isaacson writes: "[Here is] a recent unpublished BIA decision I thought your readers might find interesting, in which the BIA held that our client’s 1999 conviction under 18 USC 491, Tokens or Paper Used as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...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
CA2 on CIMT, Mens Rea: Efstathiadis v. Holder
"Under federal immigration law, Efstathiadis’ removal turns on whether the crime he was convicted of—C.G.S. § 53a‐73a(a)(2)—is a CIMT. The answer to that question, in turn, implicates the level of mens rea applicable to C.G...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
BIA on 'Illicit Trafficking' - Matter of L-G-H-
Sale of a controlled substance in violation of section 893.13(1)(a)(1) of the Florida Statutes, which lacks a mens rea element with respect to the illicit nature of the substance but requires knowledge of its presence and includes an affirmative defense...
Jack Townsend
over 8 years ago
Tax Law
Federal Taxation
Tenth Circuit Opinion on Mens Rea for Tax Obstruction - What Does Unlawful Mean? (7212(a))
In United States v. Williamson , [ enhanced version available to lexis.com subscribers ], ___ F.3d ___, 2014 U.S. App. LEXIS 4934 (10th Cir. 2014), here , the Tenth Circuit rejected the taxpayer's argument that the jury should have been instructed...
Kevin M. LaCroix
over 11 years ago
Corporate
Corporate Law Blog
Liability Without Culpability: A Deeply Troublesome Trend
One of the most basic notions in our legal system is that liability attaches only to those who act with intent or knowledge. But as detailed in a front-page September 27, 2011 Wall Street Journal article ( here ), Congress has in recent decades enacted...