LexisNexis® Legal Newsroom
Waiting for Descamps: How the Supreme Court Might Save Your Crim/Imm Case

"The U.S. Supreme Court will issue a decision in the spring 2013 term in a criminal case, Descamps v. United States , that may have very beneficial implications for immigration cases. The issue relates to proper application of the categorical approach, which is the analysis used in federal proceedings...

Practice Advisory: Descamps v. U.S. and the Modified Categorical Approach

"This practice advisory covers: (1) the holding in Descamps; (2) why this criminal case is equally applicable to the categorical approach used in immigration proceedings; and (3) the decision’s potential implications for specific removal grounds." - By Dan Kesselbrenner, Isaac Wheeler...

Unpub. BIA on Descamps, Aggravated Felony, 212(h)

"The Department of Homeland Security (DHS) appeals the April 9, 2012, decision of the Immigration Judge, which incorporates his December 14, 2011, interim decision, finding that the respondent's conviction was not an aggravated felony and granting the respondent, as a matter of discretion, a...

CA9 on Descamps: Espinoza-Gonzalez v. Holder (Unpub.) - OIL Argues Descamps Inapplicable

"While Espinoza’s case was pending before this court, the Supreme Court reversed this circuit’s recent en banc holding addressing this issue, United States v. Aguila-Montes de Oca, 655 F.3d 915, 940 (9th Cir. 2011). See Descamps v. United States, 133 S. Ct. 2276, 2283 (2013). The Court...

CA4 Solidifies Descamps: U.S. v. Royal

" Besides federal criminal law, United States v. Royal , No. 10-5296 (4th Cir. Oct. 1, 2013), impacts immigration law in the Fourth Circuit. ... The Fourth Circuit has solidified the Descamps approach as the law of the land. Practitioners in criminal law and immigration law should take note."...

Unpub. BIA Descamps Victory in Oklahoma

"The respondent was convicted of domestic abuse - assault and battery under Oklahoma Statute 21, section 644C. which requires assault and battery against certain types of victims. In Steele v. Oklahoma, 778 P.2d 929 (1989), the Oklahoma Criminal Court of Appeals held that only the slightest touching...

CA9 on Aggravated Felony: Aguilar-Turcios II

"In this petition for review of a decision by the Board of Immigration Appeals (“BIA” or “Board”), we address whether Petitioner Rigoberto Aguilar-Turcios’s conviction under Article 92 of the Uniform Code of Military Justice (“UCMJ”) qualifies as an “aggravated...

Unpublished BIA Decision of the Month (January 2014)

Ben Winograd writes : "Our featured unpublished decision for January 2014 involves an issue as important as it is convoluted: when immigration judges may consult conviction records—such as an indictment or plea colloquy—to determine whether a noncitizen was convicted of a removable...

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 Descamps Remand: Matter of Hernandez Garcia

"[R]espondent argues that the determination cannot be made as to the level of harm he caused his victim under a modified categorical approach, because the indictment, plea agreement, or other documents that would indicate the nature of his offense, are not in the record (Respondent's Br. at...

CA9 on Descamps, Divisibility: Rendon v. Holder

"In this case, we consider whether a statute written in the disjunctive is divisible in light of the Supreme Court’s decision in Descamps v. United States, 133 S. Ct. 2276 (2013). The statutory text at issue is a different portion of the same statute that the Supreme Court encountered in Descamps...

CA5 on Descamps: Franco-Casasola v. Holder

Majority : "Donald Efren Franco-Casasola’s petition for panel rehearing is DENIED. We withdraw our prior opinion of March 6, 2014, and substitute the following. The Board of Immigration Appeals (“BIA”) determined that Franco-Casasola was ineligible for cancellation of removal due...

CA4 on Divisibility: Omargharib v. Holder

"In this appeal, we consider whether Sayed Gad Omargharib’s conviction under Virginia’s grand larceny statute, Va. Code Ann. § 18.2-95, constitutes an “aggravated felony” under the Immigration and Nationality Act (INA) § 101, 8 U.S.C. § 1101(a)(43). The Board...

A.G. to Review Divisibility; Chairez-Castrejon and Sama Stayed: 26 I&N Dec. 686 (A.G. 2015)

Matter of Martin CHAIREZ-Castrejon, Matter of Vera SAMA, 26 I&N Dec. 686 (A.G. 2015) "The Attorney General referred the decisions of the Board of Immigration Appeals to herself for review of an issue relating to the application of Descamps v. United States, 133 S. Ct. 2276 (2013), ordering...

The Supreme Court Immigration Case You Never Heard Of: Mathis v. U.S.

Apr. 26, 2016 - Oral argument was heard today in Mathis v. U.S. The transcript is here . Links to all the briefs here . Argument preview here . Nutshell : " On Tuesday, April 26, the United States Supreme Court will hear oral argument in Mathis v. United States , likely to be the Term’s...