Cyrus Mehta, May 29, 2023 "I write this blog in fond memory of Mark Von Sternberg who passed away on May 16, 2023. Mark was a brilliant lawyer, scholar and writer who worked very hard on behalf...
Portillo v. DHS "Gerardo A. Portillo petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming his order of removal and denying his application for adjustment...
State Department, May 30, 2023 "Document Submission to KCC suspended for DV-2024 and onward. Effective for the Diversity Visa (DV) program for fiscal year 2024 (DV-2024) and onward, selectees...
In this document , provided by a "veteran immigration practitioner," ICE claims that its attorneys need not be present in every case in Immigration Court. Read more at PWS's latest post ...
This document is scheduled to be published in the Federal Register on 06/01/2023 "This final rule (TFR) temporarily amends Department of State (Department) regulations to provide that Afghan nationals...
Alejos-Perez v. Garland
"[T]o decide whether his 2018 conviction renders him removable, we need to determine whether we can parse MMB-Fubinaca from those other drugs; we decide that by determining whether Penalty Group 2-A is divisible. The government says it’s divisible, Alejos-Perez says not. ... Because the government has not shown that the modified categorical approach is called for, we apply the categorical approach. ... Because Penalty Group 2-A is not a categorical match, we must identify the appropriate result. ... Once it’s clear that Penalty Group 2-A is not a categorical match to its federal counterpart, AlejosPerez “must also show a realistic probability . . . that the State would apply its statute to conduct that falls outside the generic definition of the crime” under federal law. We are unable to resolve that issue, because the BIA didn’t address it, and we can “only affirm the BIA on the basis of its stated rationale for ordering an alien removed from the United States.” ... We thus remand for consideration of whether Alejos-Perez has shown a realistic probability that Texas would prosecute conduct that falls outside the relevant federal statute."
[Hats off to Manoj Govindaiah and Maria Osornio of Raices Texas!]