Pesikan v. Atty. Gen. "Petitioner Srecko Pesikan argues that the Board of Immigration Appeals (“BIA”) erred in concluding that his 2018 Pennsylvania conviction for driving under the influence (“DUI”) of marijuana constituted an offense...
Wali v. Garland "Sajid Momin Wali, a native and citizen of Pakistan, became a lawful permanent resident in 2012. In 2017, he pleaded guilty in Texas state court to possession with intent to deliver a synthetic cannabinoid. As a result, he was charged as...
Parzych v. Garland "Czeslaw Parzych, a Polish citizen and lawful permanent resident of the United States, was twice convicted of burglary in Illinois, leading the Department of Homeland Security to begin removal proceedings. After several appeals, the Board...
BIA, Mar. 15, 2021 "Amicus Invitation No. 21-15-03 AMICUS INVITATION (Divisibility of Iowa’s Theft Statute) Due Date: April 14, 2021 March 15, 2021 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing...
Matter of Dikhtyar, 28 I&N Dec. 214 (BIA 2021) - Section 58-37-8(2)(a)(i) of the Utah Code, which criminalizes possession or use of a controlled substance, is divisible with respect to the identity of the specific “controlled substance” involved in a violation...
Najera-Rodriguez v. Barr "Whether the Xanax possession conviction made Najera-Rodriguez removable depends on whether the Illinois criminal law under which he was convicted, 720 ILCS 570/402(c), is “divisible” for purposes of applying the “modified categorical...
Lorenzo v. Sessions - "This case raises a novel yet straightforward question in our application of Taylor v. United States, 495 U.S. 575 (1990): whether the Taylor analysis must be performed twice if a state statute contains two layers of disjunctive lists...
Matter of Chairez-Castrejon, 27 I&N Dec. 21 (BIA 2017) - In determining whether a statute is divisible under Mathis v. United States, 136 S. Ct. 2243 (2016), Immigration Judges may consider or “peek” at an alien’s conviction record only to discern whether statutory...
Matter of Chairez-Castrejon, Matter of Sama, 26 I&N Dec. 796 (A.G. 2016) - "By Attorney General Order No. 3583-2015 (Oct. 30, 2015), I directed the Board of Immigration Appeals (“Board”), pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2015), to refer to me the...
Rosales Rivera v. Lynch, Mar. 10, 2016 - Court Staff Summary: "The panel granted Milton Rosales Rivera’s petition for review of the Board of Immigration Appeals’ denial of cancellation of removal based on its finding that his conviction for perjury under California...
Matter of Martin CHAIREZ-Castrejon, Matter of Vera SAMA, 26 I&N Dec. 686 (A.G. 2015) "The Attorney General referred the decisions of the Board of Immigration Appeals to herself for review of an issue relating to the application of Descamps v. United...
"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with...
"In this appeal, we consider whether Sayed Gad Omargharib’s conviction under Virginia’s grand larceny statute, Va. Code Ann. § 18.2-95, constitutes an “aggravated felony” under the Immigration and Nationality Act (INA) § 101, 8 U.S.C. § 1101(a)(43). The Board...
Laura Murray-Tjan writes: "I appealed pretermission of a non-LPR cancellation of removal claim to the Ninth Circuit, arguing that (1) the client's Arizona solicitation conviction can't be a CIMT ground of inadmissibility, as the agency had held; and...
"In this case, we consider whether a statute written in the disjunctive is divisible in light of the Supreme Court’s decision in Descamps v. United States, 133 S. Ct. 2276 (2013). The statutory text at issue is a different portion of the same statute that...