Stuart G. Friedman
Appeals & Immigration
Toll Free - US & Canada
Thanks to the Immigrant and Refugee Law Center for sharing the Board of Immigration’s recent unpublished ruling in Charles Borromeo Ajaelu, A058 739 058 (BIA Sept. 3, 2015).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 …
A relatively unnoticed ruling in Mellouli v Lynch suggests that Descamps v United States could apply to certain drug offenses. Mellouli v. Lynch, No. 13-1034, 2015 WL 2464047 (June 1, 2015). In overruling Board of Immigration Appeal’s ruling in Matter of Martinez-Espinoza, 25 I&N Dec. 118 (BIA 2009), the high …
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 …
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 …