Matter of Khan, 28 I&N Dec. 850 (BIA 2024) Interim Decision #4081, Nov. 1, 2024 (1) When the government must prove the elements of a sentencing enhancement beyond a reasonable doubt, those additional elements are combined with the elements of the underlying...
Matter of Thakker, 28 I&N Dec. 843 (BIA 2024) (1) The assumption in Matter of Jurado that a retail theft offense involves an intent to permanently deprive a victim of their property is inconsistent with the categorical approach as currently articulated by...
Gutierrez v. Garland "Sergio Manrique Gutierrez petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal of an order of removal by an Immigration Judge (“IJ”) based on Gutierrez’s conviction...
Flores-Vasquez v. Garland "Jose Luis Flores-Vasquez (“Flores-Vasquez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal. He argues that the BIA erred...
USA v. Lopez "This appeal requires us to decide how to apply the categorical approach to a conspiracy crime—a question of first impression in our Circuit. The United States seeks to revoke Lisette Lopez’s naturalization on the ground that she...
Giron-Molina v. Garland "Petitioner Maria Monserrat Giron-Molina seeks review of a decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal, ordering her removed, and denying her application for cancellation of removal. The...
Zamaro-Silverio v. Garland "Francis Zamaro-Silverio petitions for review of the denial by the Board of Immigration Appeals (“BIA”) of cancellation of removal and voluntary departure. The BIA held that Zamaro-Silverio had been convicted of a crime involving...
Laura Snapes, The Guardian, Nov. 11, 2019 " Neil Young is facing a delay in his application for US citizenship after honestly answering a question about his marijuana use. In a letter to fans posted on his website , the Canadian songwriter said that...
"Kenyan native John Chombo was studying in the United States to become a nurse when he heard the U.S. Army was looking for people with health care or special language skills. He was qualified on both counts. He was studying nursing and was fluent in Swahili...
"Justin Bieber's recent arrest in Miami has left many of his young fans disappointed, but they aren't the only one's concerned with the pop star's "good moral character". Bieber, a Canadian, is reportedly in the U.S. on an O-1 visa...
" In a fascinating recent decision (courtesy of attorney Stephen Heller ), the Office of Administrative Appeals determined that a visa waiver applicant is not expected to know the meaning of a “crime involving moral turpitude” (“CIMT”), with the welcome...
"A nearly five-year legal saga will conclude Thursday for Falls Church resident Jamal Abusamhadaneh when he takes the oath of citizenship at a federal courthouse, after a federal judge ruled that immigration authorities wrongly drew sinister conclusions about...
Hon. Paul W. Schmidt, Nov. 16, 2022 "For over 70 years, Federal Judges from the Supremes on down have turned a “blind eye” to our Constitution and substituted their subjective views on morality and immigrants for the rule of law. Our Round Table...
Zaragoza v. Garland "Dulce Zaragoza, a native and citizen of Mexico and a lawful permanent resident of the United States, pleaded guilty to the Indiana offense of criminal neglect of a dependent after locking her six-year-old son in a closet for six hours...
Kalvis Golde, SCOTUSblog, Nov. 4, 2022 "In its 1951 decision in Jordan v. De George , the Supreme Court held that the term “crime involving moral turpitude” in federal immigration law is not unconstitutionally vague. The term lacks any statutory...