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...
In this May 24, 2019 three-member panel decision (Malphrus, Liebowitz, Mullane) the BIA stated: "[W]e will reverse the Immigration Judge's determination that the respondent's burglary conviction is for a crime involving moral turpitude.....[thus] DHS...
Aguirre Barbosa v. Barr, June 6, 2019 Court Staff Summary: "The panel filed: (1) an order denying Respondent’s motion to depublish and granting the motion to amend the opinion filed on March 28, 2019, and appearing at 919 F.3d 1169; and (2) an amended opinion...
Garcia-Martinez v. Barr "We must therefore consider whether the crime New Jersey has labeled “assault with a deadly weapon” covers only conduct that is properly classified as a crime of moral turpitude, or if on the other hand it sweeps in factual scenarios...
Aguirre Barbosa v. Barr "Petitioner Pedro Aguirre Barbosa, a Mexican citizen, was convicted of robbery in the third degree in violation of Oregon Revised Statutes section 164.395. An immigration judge (“IJ”) denied relief from removal, and the Board of Immigration...
Monteon-Camargo v. Barr "Gustavo Monteon-Camargo, a native and citizen of Mexico, petitions for review of a final order of removal by the Board of Immigration Appeals (“BIA” or “Board”). The BIA determined that Monteon-Camargo was...
Matter of Castillo-Perez, 27 I&N Dec. 495 (A.G. 2018) Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed...
Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory . "[W]e conclude that the 2013 conviction for simple assault is not categorically a CIMT and the DHS has not established removability based on two CIMTs...
Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017) - Burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude, even though the statute does not require that a person be present at the time of the...
Lozano-Arredondo v. Sessions, Aug. 8, 2017 - "Jose Guadalupe Lozano-Arredondo was denied cancellation of removal based on his conviction for petit theft in the State of Idaho. The Board of Immigration Appeals (BIA) concluded he was ineligible for cancellation...
Ildefonso-Candelario v. Atty. Gen. - "Section 5101, the Pennsylvania statute at issue, provides: A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function...
Coelho v. Sessions, July 24, 2017 - "This appeal presents the question of whether the Board of Immigration Appeals ("BIA") committed reversible error when it held that the Massachusetts crime of assault and battery with a dangerous weapon ("ABDW"...
Amicus Invitation No. 17-06-12 AMICUS INVITATION (MODIFIED CATEGORICAL APPROACH & CIMTS) DUE [JULY 12, 2017] JUNE 12, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue...
Ramirez-Contreras v. Sessions - "California’s Vehicle Code § 2800.2 is not categorically a crime of moral turpitude, and thus, Petitioner is not statutorily ineligible for cancellation of removal. Petition GRANTED." [Hats off to Angelica Navarro Sigala...