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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"In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz.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Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz.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Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that a charge of deportability under INA 237(a)(2)(A)(ii) based on convictions for two crimes involving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Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime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...

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 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Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory .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."

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David Isaacson writes: "[Here is] a recent unpublished BIA decision I thought your readers might find interesting, in which the BIA held that our client’s 1999 conviction under 18 USC 491, Tokens or Paper Used as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

Unpub. BIA CIMT Termination Victory (Dec. 6, 2017)

"On de novo review, we are not persuaded by the DHS's appellate arguments to disturb the Immigration Judge's decision to terminate these removal proceedings. We agree with the Immigration Judge's conclusion, as set forth in his well-reasoned decision, that applying the precedent decisions...

Unpub. BIA CIMT Termination Victory; Mens Rea, Divisibililty - TEX. CODE CRIM. PROC. § 62.102

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 is simply "read into" the statute, the...

Unpub. BIA CIMT Victory: Matter of K-K-R- (Mar. 9, 2018)

Matter of K-K-R- (Mar. 9, 2018, unpub.) - "The only issue on appeal is whether Minn. Stat. § 609.713, subd. 1, is a CIMT. We agree with the Immigration Judge that Avendano v. Holder is not dispositive. The Immigration Judge correctly observed that the majority in Avendano v. Holder ''...