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 between the...
Enriquez v. Wilkinson "Respondent’s unopposed motion to remand (Dkt. No. 74) is GRANTED. We REMAND this case to the Board of Immigration Appeals for reconsideration of whether Petitioner’s conviction under Cal. Penal Code § 136.1(a)(2) ["Knowingly and...
Ortega-Lopez v. Barr "Ortega-Lopez, a native and citizen of Mexico, petitions for review of a ruling by the Board of Immigration Appeals (BIA) [ Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) ] that he was ineligible for cancellation of removal under...
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 under 8 U.S.C...
Nunez-Vasquez v. Barr "David Nunez-Vasquez seeks review of the Board of Immigration Appeals (“BIA”) finding that he was removable because he had been convicted of two crimes involving moral turpitude (“CIMT”)—a conviction for leaving an accident in violation...
Ortiz v. Barr "[In Ortiz I, this] Court determined that a conviction under Minn. Stat. Ann. § 609.50, subdiv. 2(2) [obstruction of legal process, arrest, or firefighting] is not categorically a crime of violence—and, thus, not an aggravated felony—because...
Mendez v. Barr "Tomas Mendez, a lawful permanent resident, was denied reentry to the country upon his return from a trip abroad. The Department of Homeland Security charged him as inadmissible for having been previously convicted of misprision of a felony...
Francisco-Lopez v. Barr "We grant review and join several other circuits in ruling that the BIA should not have retroactively applied Diaz-Lizarraga. See Monteon-Camargo v. Barr, 918 F.3d 423 (5th Cir. 2019); Garcia-Martinez v. Sessions, 886 F.3d 1291 (9th...
Jauregui-Cardenas v. Barr "Maria Jauregui-Cardenas petitions for review of a final order of removal, arguing the Board of Immigration Appeals (“BIA”) erred in holding that she is an inadmissible alien who is not eligible for discretionary relief...
Matter of Salad, 27 I&N Dec. 733 (BIA 2020) The offense of making terroristic threats in violation of section 609.713, subdivision 1, of the Minnesota Statutes is categorically a crime involving moral turpitude.
USCIS, Dec. 13, 2019 "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual on unlawful acts during the applicable statutory period that reflect adversely on moral character and may prevent an applicant...
USCIS, Dec. 10, 2019 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding how post-sentencing changes to criminal sentences impact convictions for immigration purposes and how two or more driving...
Garcia-Morales v. Barr "Mr. Garcia-Morales argues that, contrary to the BIA’s conclusion, his accessory conviction under Idaho Code (“I.C.”) § 18-205 is categorically not a crime involving moral turpitude (“CIMT”). We agree with him. Exercising jurisdiction...
Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019) (1) The Immigration and Nationality Act’s “good moral character” standard requires adherence to the generally accepted moral conventions of the community, and criminal activity is probative of non-adherence...
Matter of J-P-G-, 27 I&N Dec. 642 (BIA 2019) (1) The offense of menacing in violation of section 163.190 of the Oregon Revised Statutes is categorically a crime involving moral turpitude. (2) The element of actual inflicted fear is not necessary to determine...