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Unpub. BIA Remand: CIMT, 212(c)

"On July 26,2012, the Board requested supplemental briefing as to whether, in light of Pannu v. Holder, 639 F.3d 1225 (9th Cir. 2011), the respondent's conviction for failing to register as a sex offender, CAL. PENAL CODE § 290(g)(2) (2001), was a crime involving moral turpitude. ... we...

BIA on CIMT: Matter of Cortes Medina

"The offense of indecent exposure in violation of section 314(1) of the California Penal Code, which includes the element of lewd intent, is categorically a crime involving moral turpitude." - Matter of Cortes Medina, ID 3775, 26 I&N Dec. 79 (BIA 2013).

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"In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz.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 —...

Unpub. BIA on CIMT: Matter of Sainz-Rivera

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz.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...

Unpub. BIA Victory, 2 CIMTs: Matter of Romero

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that a charge of deportability under INA 237(a)(2)(A)(ii) based on convictions for two crimes involving moral turpitude cannot be sustained if a waiver under former section 212(c) is granted with respect...

Unpub. BIA on CIMT, Arson: Matter of Hernandez-Hernandez

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime involving moral turpitude because perpetrators need have a specific intent to damage property. The...

BIA on CIMT, Gang-Related Grafitti: Matter of Hernandez

Official Headnote: Malicious vandalism in violation of section 594(a) of the California Penal Code with a gang enhancement under section 186.22(d) of the California Penal Code, which requires that the underlying offense be committed for the benefit of a criminal street gang with the specific intent to...

Unpub. BIA CIMT Victory at Oakdale

"The respondent was convicted under 42 U.S.C. § 408(a)(8), for the offense of Disclosure and Use of the Social Security Number of Another Person in Violation of the Laws of the United States. The statute at 42 U.S.C. § 408(a)(8), criminally sanctions anyone who "discloses, uses, or...

Unpub. BIA Mandatory Detention Remand Victory; Lopez-Meza Distinguished; No CIMT

Hats off to Steven Lyons, Martin C. Liu & Associates PLLC, New York, for this Dec. 11, 2015 unpublished BIA victory : "In the respondent's case, he did not drive under the influence with a suspended license but rather operated a motor vehicle with a license that had been suspended because...

BIA on CIMT, Solicitation - Matter of Gonzalez Romo, 26 I&N Dec. 743 (BIA 2016)

Matter of Gonzalez Romo, 26 I&N Dec. 743 (BIA 2016) - Within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, a returning lawful permanent resident who has a felony conviction for solicitation to possess marijuana for sale is inadmissible under section 212(a)(2)(A)(i...

BIA on CIMT, Criminal Copyright Infringement - Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016)

Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016) - The offense of criminal copyright infringement in violation of 17 U.S.C. § 506(a)(1)(A)(2012) and 18 U.S.C. § 2319(b)(1) (2012) is a crime involving moral turpitude.

BIA on CIMTs - Silva-Trevino III - 26 I&N Dec. 826 (BIA 2016)

Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016) Headnotes: (1) The categorical and modified categorical approaches provide the proper framework for determining whether a conviction is for a crime involving moral turpitude. (2) Unless the controlling case law of the governing Federal court...

BIA on CIMT, Arizona Shoplifting: Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016)

Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016) - (1) A theft offense is a crime involving moral turpitude if it involves a taking or exercise of control over another’s property without consent and with an intent to deprive the owner of his property either permanently or under circumstances...

BIA on CIMT, NY Petit Larceny: Matter of Obeya, 26 I&N Dec. 856 (BIA 2016)

Matter of Obeya, 26 I&N Dec. 856 (BIA 2016) - Petit larceny in violation of section 155.25 of the New York Penal Law, which requires an intent to deprive the owner of his property either permanently or under circumstances where the owner’s property rights are substantially eroded, is categorically...

BIA Amicus Invitation No. 17-01-26 - ATTEMPT TO TRANSPORT A NARCOTIC DRUG FOR SALE

BIA, Jan. 26, 2017 - "Amicus Invitation No. 17-01-26 AMICUS INVITATION (ATTEMPT TO TRANSPORT A NARCOTIC DRUG FOR SALE), DUE FEBRUARY 27, 2017 JANUARY 26, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue...

BIA Amicus Invitation - Protected Class of Victims (Due Mar. 6, 2017)

BIA, Feb. 2, 2017 - "Amicus Invitation No. 17-02-02 AMICUS INVITATION (PROTECTED CLASS OF VICTIMS), DUE MARCH 6, 2017 FEBRUARY 2, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED:...

BIA Amicus Brief Filed: Misprision of a Felony is Not a CIMT

AILA, NIJC, IDP, NACDL and the Univ. of Houston Law Center Immigration Clinic filed this amicus brief with the BIA on Mar. 8, 2017.

BIA on CIMT: Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)

Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017) - (1) A sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is particularly young — that is, under 14 years of age — or is under 16 and the age differential between...

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.

BIA Amicus Brief Invitation: Modified Categorical Approach & CIMTs

Amicus Invitation No. 17-06-12 AMICUS INVITATION (MODIFIED CATEGORICAL APPROACH & CIMTS) DUE [JULY 12, 2017] JUNE 12, 2017 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: (1) Is...

CA1 on CIMT: Coelho v. Sessions

Coelho v. Sessions, July 24, 2017 - "This appeal presents the question of whether the Board of Immigration Appeals ("BIA") committed reversible error when it held that the Massachusetts crime of assault and battery with a dangerous weapon ("ABDW"), in violation of Mass. Gen....

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)

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 of the offense, provided that the dwelling is at...

Unpub. BIA 2 CIMT Victory: Matter of Lopez Leal

Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory . "[W]e conclude that the 2013 conviction for simple assault is not categorically a CIMT and the DHS has not established removability based on two CIMTs. Therefore, termination was proper."

BIA on CIMT: Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017)

Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017) - Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state. [Hats off...

Unpub. BIA CIMT Victory re 18 USC 491, Mens Rea, 'Reason to Believe' - (Oct. 30, 2017)

David Isaacson writes: "[Here is] a recent unpublished BIA decision I thought your readers might find interesting, in which the BIA held that our client’s 1999 conviction under 18 USC 491, Tokens or Paper Used as Money, did not render him inadmissible as a returning Lawful Permanent Resident...