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

16 Apr No Comments stu@crimapp.com Aggravated Felony, Crime Involving Moral Turpitude, US Criminality , , ,

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

15 Apr No Comments stu@crimapp.com Categorical Rule, Uncategorized, US Criminality , , , ,

Thanks to the Immigrant and Refugee Law Center for sharing the Board of Immigration’s recent unpublished ruling in Charles Borromeo Ajaelu, A058 739 058 (BIA Sept. 3, 2015).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