Supreme Court Rules that Interstate Commerce Connection Is Not Need for Aggravated Felony

In a 5 to 3 opinion, the US Supreme Court found that state criminal offenses are analagous to their federal counterpart even though they do not have an interstate commerce connection. Interstate commerce is a jurisdictional hook that Congress inserts into many statutes in order for there to be a

BIA Holds that State Sentencing Guidelines Cap Lowers Minimum Sentence for Petty Crime Exception

Rejecting the Government’s argument to the contrary, the Board of Immigration Appelas held In the Matter of Juan-Emigdio-Giron has held that the sentencing guideline maximum sentence trumps the statutory maximum sentence for purposes of the petty offense exception. That petty offense exception holds that an individual is not inadmissible or removable

Ninth Circuit Finds BIA’s Interpretation of “Obstruction of Justice” Raises Grave Constitutional Doubts

The United States Court of Appeals for the Ninth Circuit  found that the BIA’s revised interpretation of “obstruction of justice” announced in Matter of Valenzuela Gallardo, which required only “the affirmative and intentional attempt, with specific intent, to interfere with the process of justice,” departed from the BIA’s prior construction of

BIA holds Georgia Theft Statute is Not Aggravated or Divisible

Thanks to the Immigrant and Refugee Law Center for sharing the Board of Immigration’s recent unpublished ruling in Charles Borromeo Ajaelu, A058 739 058 (BIA Sept. 3, 2015).  That ruling found that Georgia’s generic theft statute did not qualify as a theft offense for purposes of the INA because the Georgia

Attorney General Orders Rehearing on Chairez-Casterjon

  On October 30, 2015, the Attorney General ordered rehearing of the Board of Immigration Appeals’ decision in In the Matter of Chiarez-Casterjoin.  In that decision, the Board of Immigration Appeals handed down a decision on the categorical rule which noted that a statute is not divisible under Descamps if

Silva-Trevino RIP: 2008-2015

14 Aug No Comments Categorical Rule, CIMT, US Criminality ,

In 2008, then Attorney General Mulkasey issued an Michael Mulkasey issued a troubling decision called In the Matter of Silva-Trevino,  Attorney General Michael Mukasey.  This decision ignored nearly a century’s worth of case law and drastically expanded an immigration adjudicator’s decision to delve in the underlying facts of a non-citizen’s criminal