Immigration Law

Recent Posts

Unpub. BIA "Realistic Probability" Victory (Aug. 1, 2022)
Posted on 18 Aug 2022 by Daniel M. Kowalski

Matter of X-, Aug. 1, 2022 (unpub.) "The respondent, a native and citizen of China, entered the United States in 2003, was granted asylum in 2005, and adjusted his status to that of a lawful permanent resident in 2006. In 2012, he was convicted... Read More

BIA on Burglary: Matter of V-A-K-
Posted on 17 Aug 2022 by Daniel M. Kowalski

Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022) - A conviction for second degree burglary of a dwelling under section 140.25(2) of the New York Penal Law is categorically a conviction for generic burglary under section 101(a)(43)(G) of the Immigration... Read More

Tags: burglary

BIA Amicus Invitation: Texas Burglary; Crime of Violence; Due Date May 3, 2022
Posted on 12 Apr 2022 by Daniel M. Kowalski

EOIR, Apr. 12, 2022 "ISSUES PRESENTED: 1. Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft... Read More

CA11 on CIMT: Lauture v. Garland
Posted on 17 Mar 2022 by Daniel M. Kowalski

Lauture v. Garland "The Board of Immigration Appeals, affirming the decision of an immigration judge, ruled that Emmanuel Lauture was removeable from the United States because his Florida conviction for burglary of an unoccupied dwelling, see Fla... Read More

Unpub. BIA Categorical Approach CIMT Victory (Texas, Burglary)
Posted on 6 Sep 2019 by Daniel M. Kowalski

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..... Read More

BIA on Res Judicata, Burglary: Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017)
Posted on 29 Dec 2017 by Daniel M. Kowalski

Matter of Jasso Arangure, 27 I&N Dec. 178 (BIA 2017) - (1) The Department of Homeland Security is not precluded by res judicata from initiating a separate proceeding to remove an alien as one convicted of an aggravated felony burglary offense under... Read More

CA8 on Burglary, Aggravated Felony - Xiong v. Lynch
Posted on 9 Sep 2016 by Daniel M. Kowalski

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)... Read More

CA4 on Jurisdiction, Categorical Approach: Castendet-Lewis v. Sessions
Posted on 26 Apr 2017 by Daniel M. Kowalski

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... Read More

AAO 212(h) CIMT Victory: Matter of A-A-N-V-
Posted on 7 Sep 2016 by Daniel M. Kowalski

Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016) - "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§... Read More

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)
Posted on 18 Aug 2017 by Daniel M. Kowalski

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017) - Burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude, even though the statute does not require that a person be present at the time... Read More

Unpub. BIA on Tenn. Burglary: Matter of Lloyd
Posted on 14 May 2014 by Daniel M. Kowalski

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding aggravated burglary under Tenn. Code Ann. 39-14-403 is not an aggravated felony under INA 101(a)(43)(G). The Board noted... Read More

CA9 on Conspiracy; Nevada; Burglary; Aggravated Felony: U.S. v. Garcia-Santana
Posted on 15 Dec 2014 by Daniel M. Kowalski

"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... Read More