LexisNexis® Legal Newsroom
CA9 Upholds Matter of Leal (Categorical CIMT)

Court Staff Summary: "The panel denied Edgar Leal’s petition for review of the three-judge published Board of Immigration Appeals’ decision, Matter of Leal , 26 I. & N. Dec. 20 (BIA 2012), which held that Leal’s conviction for felony endangerment, in violation of Arizona Revised...

CA9 Overturns Almanza-Arenas (CIMT, Inconclusive Record; Young v. Holder abrogated in part)

Court Staff Summary: "The panel granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published decision, Matter of Almanza-Arenas , 24 I. & N. Dec. 771 (BIA 2009), which held that a California state law conviction for vehicle theft constitutes...

CA9 on Evidence, CIMT: Vargas Cervantes v. Holder (upholding Rotimi)

"We hold that although the BIA correctly determined that Vargas’s conviction under California Penal Code § 422 was for a CIMT and that Vargas is ineligible for an extreme hardship waiver, the BIA erred in concluding that Vargas’s conviction under California Penal Code § 273...

CA5 on CIMT, 'de minimus touching' - Cisneros-Guerrerro v. Holder

"Proceeding pro se, Salvador Cisneros-Guerrerro, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals finding that his prior offense of public lewdness, under Texas Penal Code § 21.07, was categorically a crime involving moral turpitude and...

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...

CA9 on CIMT, Gang Enhancement: Hernandez-Gonzalez v. Holder

"Does a conviction for a felony “for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members” constitute a crime involving moral turpitude? We hold that the answer...

CA2 on CIMT: Lugo v. Holder

"Maria C. Lugo appeals from the Board of Immigration Appeals’ March 28, 2013 order denying cancellation of removal, and denying relief under the Convention Against Torture. Ms. Lugo argues that the Board erred in holding that her 2005 conviction for misprision of felony qualified as a “crime...

Attorney General Holder Vacates Matter of Silva-Trevino

"On November 7, 2008, Attorney General Mukasey issued an opinion in this matter vacating the August 8, 2006, decision of the Board of Immigration Appeals and remanding respondent's case for further proceedings in accordance with his opinion. See Matter of Silva-Trevino, 24 I&N Dec. 687 ...

CA9 on CIMT: Coquico v. Lynch

"We must decide whether “unlawful laser activity” under state law is a crime involving moral turpitude. ... The conclusion we must draw from this comparison is that § 417.26 can be violated by conduct that bears a striking resemblance to non-turpitudinous simple assault, and little...

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...

CA10 on CIMT, 212(h) Waiver - Obregon de Leon v. Lynch

Obregon de Leon v. Lynch, Dec. 22, 2015 - "We affirm the Board’s determination that Mr. Obregon is removable because his conviction for possession of stolen vehicles constitutes a crime involving moral turpitude. However, Mr. Obregon is statutorily eligible to apply for a discretionary waiver...

CA9, En Banc, on CIMT - Almanza-Arenas v. Lynch

Almanza-Arenas v. Lynch, Dec. 28, 2015 Court Staff Summary: "The en banc court granted Gabriel Almanza-Arenas’s petition for review of the Board of Immigration Appeals’ published precedential decision, Matter of Almanza-Arenas, 24 I. & N. Dec. 771 (BIA 2009) , which held that...

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 §...

CA9 on CIMT, Identity Theft: Linares-Gonzalez v. Lynch

Linares-Gonzalez v. Lynch, Mar. 21, 2016 - Court Staff Summary: "The panel granted Reyes Linares-Gonzales’ and Maribel Preciado’s petitions for review of the Board of Immigration Appeals’ orders finding them ineligible for cancellation of removal in part because their convictions...

CA5 on CIMTs - Mercado v. Lynch; Hernandez v. Lynch (Matter of Hernandez vacated)

Mercado v. Lynch, May 4, 2016 - "Petitioner Jesus Cardoso Mercado was ordered removed from the United States pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) after the Board of Immigration Appeals (“BIA”) found that his convictions for indecent exposure and making terroristic threats under...

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...

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].”...

CA9 Remands Matter of Ortega-Lopez (CIMT, Cockfighting)

Ortega-Lopez v. Lynch, Aug. 23, 2016 - "Agustin Ortega-Lopez, a Mexican citizen, contends that his misdemeanor conviction for participating in cockfighting in violation of the Unlawful Animal Venture Prohibition, 7 U.S.C. § 2156(a)(1), does not qualify as a categorical crime involving moral...

CA7 on CIMT, False Use of SSN: Arias v. Lynch

Arias v. Lynch, Aug. 24, 2016 - "We grant the petition and remand the case to the Board for further proceedings. Arias was convicted under a statute making it a federal crime to misrepresent a social security number to be one’s own “for any … purpose.” 42 U.S.C. § 408...

AAO 212(h) CIMT Victory: Matter of A-A-N-V-

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.§ 810.02(1). The record further reflects that on...

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...

CA9 on CIMT: Duran v. Lynch

Duran v. Lynch, Jan. 20, 2017 - "This immigration case turns on whether California Penal Code section 136.1(a),California’s witness tampering statute, is a categorical crime involving moral turpitude. ... We grant the petition with respect to Duran’s application for cancellation of removal...