Quito-Guachichulca v. Garland "The question in this case is whether Minnesota’s crime of third-degree criminal sexual conduct falls within the federal definition of “rape.” The answer is no, so we grant Simon Quito-Guachichulca’s...
USA v. Gomez "We have previously held that California Penal Code § 245(a)(1) constitutes a crime of violence, but our decisions are clearly irreconcilable with the Supreme Court’s ruling in Borden v. United States, 593 U.S. 420 (2021). In light...
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...
Stankiewicz v. Garland "In this case, we must decide whether N.J. Stat. § 2C:35-7, which criminalizes distributing a controlled substance on or near school property, is an “aggravated felony,” as defined in 8 U.S.C. § 1101(a)(43)(B...
Sanchez-Perez v. Garland "One day after he pleaded guilty to violating a Tennessee domestic-violence law, the federal government initiated removal proceedings against Jose Yanel Sanchez-Perez. Ultimately, an immigration judge and the Board of Immigration...
Matter of X-, Nov. 22, 2023 "The Immigration Judge found the respondent was convicted of possession of a controlled substance for sale, to wit: methamphetamine, in violation of section 11378 of the California Health and Safety Code (IJ at 3-4, Mar. 2, 2023...
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....