LexisNexis® Legal Newsroom
BIA on 'Conviction,' Texas Pretrial Intervention: Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017)

Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017) - Entry into a pretrial intervention agreement under Texas law qualifies as a “conviction” for immigration purposes under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2012), where (1) a respondent...

CA5 on CIMT: Laryea v. Sessions

Laryea v. Sessions, Sept. 12, 2017 - "Proceeding pro se, Henry Kpani Laryea, a native and citizen of Ghana, petitions for review of a decision of the Board of Immigration Appeals finding that his prior conviction of evading arrest under Texas Penal Code § 38.04 (2011) was categorically a crime...

TX Ct. Crim. App. Extends Padilla Coverage: Ex Parte Aguilar

Ex Parte Aguilar, Sept. 20, 2017 - "[W]hen a conviction automatically triggers a loss of status which, in turn, renders a defendant presumptively removable, Padilla applies. ... [P]lea counsel negotiated a plea agreement for a state-jail felony and incorrectly advised Aguilar that the plea would...

CA5 Partially Stays SB 4 Case: City of El Cenizo v. Texas

City of El Cenizo v. Texas, Sept. 25, 2017 - "As our description of the motion indicates, a stay during the period in which this case is pending is all we consider in this ruling. The merits of the district court’s order are for a different day and a different panel of this court. We further...

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Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory .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

Expert: Texas Abortion Case Raised Constitutional 'Gray Area' in Immigration Law

Politico, Oct. 24, 2017 - "A federal appeals court has ruled that an undocumented pregnant minor being held in a federally-funded shelter in Texas can receive an abortion. ... If the teen had been in the United States for a long time or had come in legally, her right to an abortion would be harder...

SEX CRIME DEFENDANT’S CONVICTION OVERTURNED DUE TO JUDGE ELECTROCUTING HIM THREE TIMES

Defendant Terry Lee Morris was tried and convicted on one count of soliciting the sexual performance of a child (his former girlfriend’s 15-year old daughter). After the jury found enhancing factors true, Morris was sentenced to 60 years in prison. The Court of Appeals of Texas, Eighth District...

Report: Human Rights Abuses Alleged at West Texas Detention Facility - "I Was Treated Like an Animal"

Refugee and Immigrant Center for Education and Legal Services (RAICES), the Texas A&M University School of Law Immigrant Rights Clinic, and the University of Texas School of Law Immigration Clinic, Mar. 22, 2018 - "This report is prepared on behalf of approximately 80 African immigrants who...

Seven States, Led by Texas, Sue to End DACA Program

Maggie Astor, New York Times, May 1, 2018 - "Opening another front in the battle over immigration policy, Texas and six other states sued the federal government on Tuesday in an attempt to end the Deferred Action for Childhood Arrivals program. The lawsuit — joined by Alabama, Arkansas, Louisiana...

Expert: Texas DACA Challenge Could Trigger Supreme Court Review

Laurel Brubaker Calkins, Bloomberg, May 2, 2018 - "Texas’s legal bid to end the Obama-era policy that protects 700,000 undocumented young immigrants brought to the U.S. illegally as children, known as Dreamers, may set the stage for the Trump administration to take the issue back to the Supreme...

Expert: Texas' DACA Lawsuit 'Creates Even More Uncertainty'

Jessica Gresko, AP, May 10, 2018 - "Three judges have ordered the Trump administration to continue a program that has shielded hundreds of thousands of young immigrants from deportation. Now, a lawsuit filed last week in Texas seeks to shut down the Deferred Action for Childhood Arrivals program...