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Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory .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