LexisNexis® Legal Newsroom
CA9 on Conspiracy; Nevada; Burglary; Aggravated Felony: U.S. v. Garcia-Santana

"The government appeals the dismissal of Xochitl Garcia-Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because Garcia was denied her right to seek discretionary...

CA4 on Divisibility: Omargharib v. Holder

"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...

Unpub. BIA Categorical Approach Victory: Matter of Calderon

"Upon de novo review, we conclude that a conviction under 18 PA. CONS. STAT. § 6312(d) does not qualify categorically as a conviction for an aggravated felony under section 101 (a)(43)(1) of the Act, such that it would render the respondent removable under section 237(a)(2)(A)(iii) of the Act...

Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart

"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md.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 the consent of the owner, and that the...

Double Win for Shagin, Burch: CA3 Remands Chavez-Alvarez, Orders Bond Hearing; Gov't Position 'Scarcely Passes the Laugh Test'

Tremendous victories for Valerie Burch and Craig Shagin ! Hats way off! 1. "Jose Juan Chavez-Alvarez petitions the Court for review of a decision of the Board of Immigration Appeals (BIA) [ Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014) ], which affirmed the determination of the Immigration...

CA1 on Agg. Fel., Crime of Violence: Villanueva v. Holder

"This is a petition for review of a Board of Immigration Appeals (BIA) determination that petitioner Fredy Villanueva is ineligible for consideration for discretionary relief from removal under a special program. The BIA's result depends on an analytical error, and petitioner is eligible for...

CA4 on Agg. Fel. - Amos v. Lynch

"In this appeal, we review consolidated petitions filed by Richard Jesus Amos, a citizen of the Philippines, challenging decisions of the Board of Immigration Appeals (the BIA, or the Board), which dismissed Amos’s appeal from an immigration judge’s order of removal and denied Amos’s...

CA9 on Cal. Theft Offense, Agg. Fel. - Lopez-Valencia v. Lynch

"Adhering to the methodology established by Descamps and our follow-on opinion in Rendon v. Holder, 764 F.3d 1077 (9th Cir. 2014), we conclude that a conviction under California’s theft statute is not an aggravated felony because it is not a “theft offense” as defined by 8 U.S...

CA9 on Aggravated Felony: Chavez-Solis v. Lynch

"We are asked to decide whether a conviction for possessing child pornography in violation of California Penal Code § 311.11(a) is an aggravated felony under 8 U.S.C. § 1101(a)(43)(I). We conclude that § 311.11(a) sweeps in a broader range of pornographic depictions than the federal...

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...