DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022) - The respondent’s conviction for unlawfully selling or otherwise disposing of a firearm or ammunition in violation of 18 U.S.C. § 922(d) (2018) does not render him removable as charged under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2018), because § 922(d) is categorically overbroad and indivisible relative to the definition of a firearms offense.
"[A]pplying the categorical approach, we conclude that 18 U.S.C. § 922(d) is overbroad relative to section 237(a)(2)(C) and indivisible with respect to whether a violation of the statute involved a “firearm” or “ammunition,” or “sell[ing]” or “otherwise dispos[ing] of” a firearm or ammunition. DHS therefore did not meet its burden of proving that the respondent has been convicted of a firearms offense within the meaning of section 237(a)(2)(C) of the INA, 8 U.S.C. § 1227(a)(2)(C). Because the respondent is not removable as charged, we will sustain the appeal and terminate the proceedings."
[Hats off to Pablo Rocha!]