LexisNexis® Legal Newsroom
Farm workers at risk: EEOC wins NW harassment settlements

"The federal Equal Employment Opportunity Commission sues a series of Northwest employers for letting foremen harass and assault immigrant workers. Civil rights attorneys say abused farm and janitorial workers are just starting to come forward." - Eric Scigliano, Oct. 26, 2011 .

Matter of GUERRERO, ID 3732, 25 I&N Dec. 631 (BIA 2011)

Matter of GUERRERO , ID 3732, 25 I&N Dec. 631 (BIA 2011) - (1) Because solicitation to commit a “crime of violence” is itself a crime of violence under 18 U.S.C. § 16(b) (2006), a felony conviction for solicitation to commit assault with a dangerous weapon in violation of section...

CA5 on crime of violence: USA v. Esparza-Perez

"Esparza-Perez’s conviction [Ark. Code § 5-13-204 (2003) agg. assault] does not constitute a crime of violence as the enumerated offense of “aggravated assault” for essentially the same reason the government concedes it does not, under existing precedent, constitute a crime...

Unpub. BIA: Head-Butting a Peace Officer Not a CIMT

"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, there must be an intentional act combined...

Unpub. BIA Agg. Fel. Remand: Matter of Lucio Chavez

"[T]he respondent expressed an intention to apply for a waiver under former section 212(c) of.the Act, 8 U.S.C. § I I 82(c) (1988), but in a very brief decision the Immigration Judge found him ineligible for such relief on the ground that his 2011 conviction for assault on a public servant...

CA4 on Assault, Crime of Violence, Agg. Fel. - Karimi v. Holder

"Ali Sina Karimi petitions this court for review of a Board of Immigration Appeals ("BIA") final order of removal. Karimi contends the BIA erred when it ruled that his Maryland second-degree assault conviction was for a "crime of violence" under 18 U.S.C. § 16, and thus...

BIA on Crime of Violence: Matter of Turou (unpub.)

"[W]e agree with the respondent's contention that pursuant to the Court's decision in Moncrieffe v. Holder, there is "a realistic probability, not a theoretical possibility," that the State of Delaware would apply its Assault in the Second Degree statute to conduct that falls outside...

American Woman Says CBP Agent Assaulted Her at U.S.-Canada Border

"Carianne Borowski and her family have crossed the border to and from Canada countless times, but she says what happened to her at the Peace Bridge in December gives her nightmares. Carianne, her husband Matthew and their three kids are American citizens but now live in Ontario. They were in Buffalo...

CA9 En Banc on CIMT, Categorical Approach, CPC § 245(a)(1): Ceron v. Holder

Court Staff Summary : "The en banc court granted Ruben Adolfo Ceron’s petition for review of the Board of Immigration Appeals’ decision finding that his conviction for assault with a deadly weapon other than a firearm, in violation of California Penal Code § 245(a)(1), is a categorical...

Unpub. BIA on "Legally Impossible" Crimes: Matter of Clase

Ben Winograd writes: "I'm happy to share this favorable BIA decision in a case I litigated with Susan Pai. The Board held that *attempted* second degree gang assault is not a CIMT because, as New York courts have found, it is a "legally impossible" crime for trial purposes. The Board...

AAO on CIMT, Maryland Simple Assault

"Although the Hearing Transcript from July 15, 2008 indicates that the applicant's assault was committed against a police officer and that the applicant's actions resulted in scrapes and bruises to the police office, the Hearing Transcript states that the applicant was convicted of a misdemeanor...

IJ: TX Assault Not Necessarily CIMT

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 is central...

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...

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...

CA5 on CIMT, TX Misdemeanor Assault - Gomez-Perez v. Lynch

Gomez-Perez v. Lynch, July 11, 2016 - "In 1999, Gomez was charged with misdemeanor assault under section 22.01(a)(1) of the Texas Penal Code, which states that “[a] person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another [person].”...

BIA on CIMT: Matter of Wu, 27 I&N Dec. 8 (BIA 2017)

Matter of Wu, 27 I&N Dec. 8 (BIA 2017) - Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Ceron v. Holder, 747 F.3d 773 (9th Cir. 2014) (en banc), distinguished.