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Thanks to the Immigrant and Refugee Law Center for sharing the Board of Immigration’s recent unpublished ruling in Charles Borromeo Ajaelu, A058 739 058 (BIA Sept. 3, 2015).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 stu@crimapp.com 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