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...
Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory .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...
César Cuauhtémoc García Hernández writes: "Courts have long used the categorical approach to determine whether a migrant has been convicted of a removable offense. Along with its sibling, the modified categorical approach, this method of statutory interpretation...
"Although we find no clear error in the Immigration Judge's decision to credit the police report, we respectfully disagree with his conclusion that the conduct described therein is a CIMT. In order for assault on a police officer to qualify as a CIMT...