LexisNexis® Legal Newsroom
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...

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:...

CA10 on CIMT: Flores-Molina v. Sessions

Flores-Molina v. Sessions, Mar. 7, 2017 - "Francisco Flores-Molina is an undocumented alien subject to removal from the United States. An immigration judge determined he is ineligible for cancellation of removal because he has been convicted of a “crime involving moral turpitude.” The...

CA3 on Modified Categorical Approach, CIMT: Chavez-Alvarez II

Chavez-Alvarez v. Atty. Gen., Mar. 9, 2017 - "In the simplest of terms, the BIA reasoned that the President — through his delegated authority to define punishments for those who commit military crimes — essentially could create the definition of those crimes himself. He cannot, as the...

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.

CA9 on CIMT - Ramirez-Contreras v. Sessions

Ramirez-Contreras v. Sessions - "California’s Vehicle Code § 2800.2 is not categorically a crime of moral turpitude, and thus, Petitioner is not statutorily ineligible for cancellation of removal. Petition GRANTED." [Hats off to Angelica Navarro Sigala!]

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....

CA3 on CIMT: Ildefonso-Candelario v. Atty. Gen.

Ildefonso-Candelario v. Atty. Gen. - "Section 5101, the Pennsylvania statute at issue, provides: A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference...

CA9 on CIMT, 237(a)(2); Matter of Cortez Canales Rejected: Lozano-Arredondo II

Lozano-Arredondo v. Sessions, Aug. 8, 2017 - "Jose Guadalupe Lozano-Arredondo was denied cancellation of removal based on his conviction for petit theft in the State of Idaho. The Board of Immigration Appeals (BIA) concluded he was ineligible for cancellation because this conviction qualified as...

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...

CA10 on CIMT, Burden of Proof: Lucio-Rayos v. Sessions

Lucio-Rayos v. Sessions, Nov. 14, 2017 - "The question presented in this petition for review is whether Petitioner Juan Alberto Lucio-Rayos’s municipal theft conviction qualifies as a crime involving moral turpitude (“CIMT”), which would make him ineligible for cancellation of...