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Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision affirming a grant of relief . The Respondent...

SCOTUS Oral Argument Preview: Torres v. Lynch (Nov. 3, 2015)

Cornell LII - "Issues: In order for a state-law criminal offense to qualify as an aggravated felony because that offense is “described in” a federal criminal statute, must the state offense contain all of the elements of the corresponding federal offense—including the federal jurisdictional...

BIA on Term of Confinement: Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015)

Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015) - A term of confinement in a substance abuse treatment facility imposed as a condition of probation pursuant to article 42.12, section 14(a) of the Texas Code of Criminal Procedure constitutes a “term of confinement” under section...

CA1 on Aggravated Felony: Whyte v. Lynch

Whyte v. Lynch, Dec. 9, 2015 - "Because Whyte was convicted in 1999 of third-degree assault under a Connecticut statute, Conn. Gen. Stat. § 53a–61(a)(1), the Board of Immigrations Appeals ("BIA") ordered his removal, reasoning that the Connecticut offense was categorically a...

CA9 on Crime of Violence, Agg. Fel. - Ramirez v. Lynch

Ramirez v. Lynch, Jan. 20, 2016 - "Our examination of the text of [California Penal Code] section 273a(a), the Shepard documents, and California case law reveals that the state need not prove that a defendant committed a violation of section 273a(a) under a particular prong; the four prongs are...

CA10 on Chevron, Aggravated Felony: Rangel-Perez v. Lynch

Rangel-Perez v. Lynch, Mar. 1, 2016 - "Petitioner Fabian Rangel-Perez challenges the Board of Immigration Appeals’ (“BIA”) characterization of his Utah misdemeanor conviction as an “aggravated felony” under the Immigration and Nationality Act (“INA”). ....

Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad

IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability that the statute would apply to the distribution...

Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016)

Matter of Adeniye, 26 I&N Dec. 726 (BIA 2016) - An “offense relating to a failure to appear by a defendant for service of sentence” is an aggravated felony under section 101(a)(43)(Q) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(Q) (2012), if the underlying offense...

18-Year-Old Conviction Threatened Grandmother With Deportation

Richard Gonzales, NPR, Apr. 9, 2016 - "Maria Sanchez is a 63-year-old widow, grandmother of three and a legal permanent resident who has lived and worked in Sonoma County, Calif., for more than 40 years. But she has also come close to being deported. Four years ago, Sanchez was almost separated...

BIA on Categorical Approach, Failure to Appear, Circumstance-Specific Approach - Matter of Garza-Olivares

Matter of Garza-Olivares, 26 I&N Dec. 736 (BIA 2016) - In assessing whether an offense qualifies as an aggravated felony under section 101(a)(43)(T) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(T) (2012), the categorical approach applies to decide if the offense relates to...

CA8 on Burglary, Aggravated Felony - Xiong v. Lynch

Xiong v. Lynch, Sept. 8, 2016 - "In its motion to remand, the government argues that the Board should consider whether a second-degree burglary in Minnesota constitutes a generic “burglary” within the meaning of § 1101(a)(43)(G). We conclude that the suggestion of a remand is well...

CA3 on 'Realistic Probability' Approach: Singh v. Atty. Gen.

Singh v. U.S. Attorney General, Oct. 6, 2016 - "Singh’s crime of conviction does not sufficiently match the elements of the generic federal offense, and his conviction under section 780-113(a)(30) was not for an aggravated felony. The BIA erred in conducting a “realistic probability”...

Cert. Granted in Esquivel-Quintana

Michael Carlin writes: "The Supreme Court granted cert in Esquivel-Quintana v. Lynch . I have been representing Mr. Esquivel-Quintana before the BIA and before the Sixth Circuit . Before the Supreme Court, I am working with Jeffrey Fisher (counsel of record) and others at Stanford's Supreme...

CA3: 16(b) Void for Vagueness - Baptiste v. Atty. Gen.

Baptiste v. Attorney General, Nov. 8, 2016 - "[B]ecause the two inquiries under the residual clause that the Supreme Court found to be indeterminate—the ordinary case inquiry and the serious potential risk inquiry—are materially the same as the inquiries under § 16(b), § 16...

Unpub. BIA on Fla. Trafficking

Matter of X-, Nov. 8, 2016 (unpub.) - "A conviction under Fla. Stat. § 893.13(1 )(a)(2) for possession with intent to sell ... does not require a showing of an attempt or substantial step towards the completion of unlawful trading or dealing. Indeed, it could involve merely a change in a possessor's...

CA4 on Aggravated Felony: Larios-Reyes v. Lynch

Larios-Reyes v. Lynch, Dec. 6, 2016 - "We find that the BIA erred as a matter of law and hold that Larios-Reyes’s conviction does not constitute the aggravated felony of “sexual abuse of a minor” under the INA because Maryland Criminal Law Article § 3-307 proscribes more conduct...

BIA on Perjury: Matter of Alvarado, 26 I&N Dec. 895 (BIA 2016)

Matter of Alvarado, 26 I&N Dec. 895 (BIA 2016) - (1) The generic definition of “perjury” in section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), requires that an offender make a material false statement knowingly or willfully while under...

CA9 on Categorical AggFel - Sandoval v. Yates

Sandoval v. Yates, Jan. 27, 2017 - "Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(1)(a). Oregon law permits conviction for delivery under this statute based on mere solicitation. Because the Controlled Substances Act does not punish soliciting...

CA4 on Jurisdiction, Categorical Approach: Castendet-Lewis v. Sessions

Castendet-Lewis v. Sessions, Apr. 25, 2017 - "We first assess — and deny — the Attorney General’s renewed motion to dismiss. We then proceed to the merits of Castendet’s petition for review, which contends that his burglary offense is not an aggravated felony. Because we...

Supreme Court Reverses CA6 on Aggravated Felony - Esquivel-Quintana v. Sessions

Esquivel-Quintana v. Sessions - "We hold that in the context of statutory rape offenses focused solely on the age of the participants, the generic federal definition of “sexual abuse of a minor” under §1101(a)(43)(A) requires the age of the victim to be less than 16. The judgment...

BIA on Receipt of Stolen Property - Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017)

Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017) - The aggravated felony receipt of stolen property provision in section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(G) (2012), does not require that unlawfully received property be obtained by means of common...

CA2 on AggFel, Categorical Approach: Harbin v. Sessions

Harbin v. Sessions, June 21, 2017 - "We hold that N.Y. Penal Law § 220.31 defines a single crime and is therefore an “indivisible” statute. Accordingly, the agency should have applied the so‐called “categorical approach,” which looks to the statutory definition of the...

CA11 on Modified Categorical Approach: Gordon v. Atty. Gen.

Gordon v. Atty. Gen. - "Petitioner Lannie Gordon (“Gordon”) petitions for review of the Board of Immigration Appeals’ (“Board” or “BIA”) order upholding the Immigration Judge’s (“IJ”) finding that his conviction for violating Florida Statute...

CA7 on 'Small Amount,' Moncrieffe: Chen v. Sessions

Chen v. Sessions, July 20, 2017 - "Ming Wei Chen, a lawful permanent resident originally from China, was ordered removed from the United States as an alien convicted of a controlled substance crime, see 8 U.S.C. § 1182(a)(2)(A)(i)(II). The Board of Immigration Appeals decided that Chen is ineligible...

CA7 on Expedited Removal: Victoria-Faustino v. Sessions

Victoria-Faustino v. Sessions, Aug. 2, 2017 - "Because we find that Victoria‐Faustino’s 2000 conviction was not properly classified as an aggravated felony, we grant the petition for review and remand to the Board of Immigration Appeals for further proceedings. ... We caution that we do not...