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Matter of German Santos, 28 I&N Dec. 552 (BIA 2022) (1) Any fact that establishes or increases the permissible range of punishment for a criminal offense is an “element” for purposes of the categorical approach, even if the term “element”...

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...

BIA, Sept. 30, 2021 "Amicus Invitation No. 21-30-09 AMICUS INVITATION, Due Date: October 21, 2021 September 30, 2021 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below...

Parzych v. Garland "Czeslaw Parzych, a Polish citizen and lawful permanent resident of the United States, was twice convicted of burglary in Illinois, leading the Department of Homeland Security to begin removal proceedings. After several appeals...

Matter of Nemis, 28 I&N Dec. 250 (BIA 2021) Headnotes: (1) Applying the categorical approach, the conspiracy statute, 18 U.S.C. § 371 (2012), is overbroad relative to the generic definition of a crime involving moral turpitude, and divisible...

Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021) - Section 58-37-8(2)(a)(i) of the Utah Code, which criminalizes possession or use of a controlled substance, is divisible with respect to the identity of the specific “controlled substance”...

Larios v. Atty. Gen. "Here, in what is now Lazaro Javier Larios’s third petition for review from prior reversals, the Board of Immigration Appeals (BIA) applied the categorical approach and held Larios ineligible for cancellation of removal...

Matter of P-B-B-, 28 I&N Dec. 43 (BIA 2020) - Section 13-3407 of the Arizona Revised Statutes, which criminalizes possession of a dangerous drug, is divisible with regard to the specific “dangerous drug” involved in a violation of that...

Najera-Rodriguez v. Barr "Whether the Xanax possession conviction made Najera-Rodriguez removable depends on whether the Illinois criminal law under which he was convicted, 720 ILCS 570/402(c), is “divisible” for purposes of applying...

Lorenzo v. Sessions - "This case raises a novel yet straightforward question in our application of Taylor v. United States, 495 U.S. 575 (1990): whether the Taylor analysis must be performed twice if a state statute contains two layers of disjunctive...

Chavez-Alvarez v. Atty. Gen., Mar. 9, 2017 - "In the simplest of terms, the BIA reasoned that the President — through his delegated authority to define punishments for those who commit military crimes — essentially could create the definition...

Court Staff Summary : "On remand from the United States Supreme Court, the panel granted Pedro Madrigal-Barcenas’ petition for review of the Board of Immigration Appeals’ decision finding him inadmissible on the ground that his Nevada...

Michael Z. Goldman writes: "On September 20, 2013, we received a significant decision issued by New York Immigration Judge Alice Segal terminating removal proceedings against a long-time Permanent Resident of the United States. This decision, which...