Immigration Law

Recent Posts

Unpub. BIA CIMT Termination Victory; Mens Rea, Divisibililty - TEX. CODE CRIM. PROC. § 62.102
Posted on 11 Jan 2018 by Daniel M. Kowalski

Matter of X-, Jan. 5, 2018, unpub. - "[W]e conclude that the respondent's conviction for Failure to Comply with Registration Requirements does not constitute a conviction for a crime involving moral turpitude. ... Given the mental state which... Read More

Unpub. BIA CIMT Victory re 18 USC 491, Mens Rea, 'Reason to Believe' - (Oct. 30, 2017)
Posted on 2 Nov 2017 by Daniel M. Kowalski

David Isaacson writes: "[Here is] a recent unpublished BIA decision I thought your readers might find interesting, in which the BIA held that our client’s 1999 conviction under 18 USC 491, Tokens or Paper Used as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... Read More

BIA on 'Illicit Trafficking' - Matter of L-G-H-
Posted on 18 Aug 2014 by Daniel M. Kowalski

Sale of a controlled substance in violation of section 893.13(1)(a)(1) of the Florida Statutes, which lacks a mens rea element with respect to the illicit nature of the substance but requires knowledge of its presence and includes an affirmative defense... Read More

CA2 on CIMT, Mens Rea: Efstathiadis v. Holder
Posted on 22 May 2014 by Daniel M. Kowalski

"Under federal immigration law, Efstathiadis’ removal turns on whether the crime he was convicted of—C.G.S. § 53a‐73a(a)(2)—is a CIMT. The answer to that question, in turn, implicates the level of mens rea applicable to C.G... Read More