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...
Portillo v. DHS "Gerardo A. Portillo petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming his order of removal and denying his application for adjustment of status. Because we find that a conviction under Massachusetts...
Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) - Under the modified categorical approach, an Immigration Judge may consider the transcript of a plea colloquy in determining the factual basis of a plea. "The transcript of the respondent’s change...
Vurimindi v. Atty. Gen. "We are called on here to decide whether Pennsylvania’s stalking statute, 18 Pa. Stat. and Cons. Stat. § 2709.1(a)(1), constitutes a removable offense under the Immigration and Nationality Act, or, applying the so-called “categorical...
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...
Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022) - The respondent’s conviction for unlawfully selling or otherwise disposing of a firearm or ammunition in violation of 18 U.S.C. § 922(d) (2018) does not render him removable as charged under section 237...
Aguirre-Zuñiga v. Garland "Jonathan Aguirre-Zuniga became a lawful permanent resident of the United States in 2007. Approximately ten years later, he pled guilty to delivery of methamphetamine in Indiana. The Department of Homeland Security concluded that...
Matter of German Santos, 28 I&N Dec. 552 (BIA 2022) (1) Any fact that establishes or increases the permissible range of punishment for a criminal offense is an “element” for purposes of the categorical approach, even if the term “element” is defined differently...
Da Graca v. Garland "Aires Daniel Benros Da Graca petitions for review of a decision of the Board of Immigration Appeals (the "Board") affirming his order of removal and denying his requests for cancellation of removal and voluntary departure....
Alfred v. Garland "The overbreadth of Washington’s accomplice liability statute means there is no categorical match to the generic federal offense in this case either, and Petitioner’s second-degree robbery convictions cannot constitute aggravated felony...
Simpson v. Atty. Gen. "Applying the categorical approach, we hold that Mr. Simpson’s conviction for a violation of § 790.23(1)(a) does not constitute a firearm offense under § 1227(a)(2)(C) of the INA and its cross-reference to the definition of a firearm...
Peh v. Garland "The Board’s decision in this case is not clear about how it understood the “realistic probability” requirement. The decision said that Peh had “not established a realistic probability that Iowa would successfully prosecute a violation of...
IDP, NIP/NLG, June 3, 2021 "The concept of “realistic probability” as an aspect of the categorical approach first emerged in 2007 in a Supreme Court decision, Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007). In that decision, and in Moncrieffe v. Holder...
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...
Matter of Al Sabsabi, 28 I&N Dec. 269 (BIA 2021) (1) The “offense clause” of the Federal conspiracy statute, 18 U.S.C. § 371 (2012), is divisible and the underlying substantive crime is an element of the offense. (2) Because the substantive offense underlying...