LexisNexis® Legal Newsroom
Unpub. BIA Descamps CIMT Victory in Arizona: Matter of Sainz-Rivera (unpub.)

"In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1) — which criminalizes driving under the influence after one’s license has been suspended, canceled, revoked, refused or restricted —...

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...

CA9 on Acquired Citizenship, Modified Categorical Approach: Ragasa v. Holder

Court staff summary: "The panel granted Crisanto Ragasa’s petition for review of the Board of Immigration Appeals’ decision finding that he did not establish United States citizenship by adoption, and that he was removable because of his Hawaii state court drug conviction. The panel...

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...

CA9 on CIMT, Perjury, Divisibility: Rosales Rivera v. Lynch

Rosales Rivera v. Lynch, Mar. 10, 2016 - Court Staff Summary: "The panel granted Milton Rosales Rivera’s petition for review of the Board of Immigration Appeals’ denial of cancellation of removal based on its finding that his conviction for perjury under California Penal Code §...

Attorney General Lifts Stay on Chairez, Sama

Matter of Chairez-Castrejon, Matter of Sama, 26 I&N Dec. 796 (A.G. 2016) - "By Attorney General Order No. 3583-2015 (Oct. 30, 2015), I directed the Board of Immigration Appeals (“Board”), pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2015), to refer to me the above-captioned cases...