Texas v. US : "The court declares that defendants lack statutory authority under 8 U.S.C. § 1182(d)(5)(A) itself (as opposed to under other provisions modifying or supplementing that authority...
Branski v. Brennan Seng "USCIS did not adequately explain its conclusion that Branski failed to identify “[p]ublished material about [him] in professional or major trade publications or other...
Alexandra Ribe at Murray Osorio PLLC reports: "I wanted to share a case that my firm recently won with the BIA. It is unpublished but definitively states that regardless of whether proceedings are...
Artificial Intelligence for Lawyers: Ethical Concerns and Best Practices Date: 11/22/2024 Time: 12:45pm - 2:00pm Eastern Time (US & Canada) CLE Instruction: 60 Minutes Presenter(s): Angela...
This document is scheduled to be published in the Federal Register on 11/08/2024 "Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may generally...
Cordero-Garcia v. Garland
"This petition for review presents the following question: is dissuading or attempting to dissuade a witness from reporting a crime, in violation of California Penal Code (“CPC”) § 136.1(b)(1), “an offense relating to obstruction of justice” under 8 U.S.C. § 1101(a)(43)(S), and thus an “aggravated felony” for purposes of the Immigration and Nationality Act (“INA”)? Applying the categorical approach, we conclude that CPC § 136.1(b)(1) is not a categorical match to “an offense relating to obstruction of justice” under § 1101(a)(43)(S), which requires a nexus to an ongoing or pending proceeding or investigation, or to the federal witness tampering statute, 18 U.S.C. § 1512(b)(3), which requires the use of intimidation, threats or corrupt persuasion. Accordingly, we grant the petition for review and remand. ... For the reasons above, we hold that Cordero-Garcia’s conviction under CPC § 136.1(b)(1) is not “an offense relating to obstruction of justice” under 8 U.S.C. § 1101(a)(43)(S), and that he is not removable on that basis. We grant the petition for review and remand to the BIA for further proceedings consistent with this opinion."
[See Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019). Hats way off to Michael K. Mehr!]