• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Social

  • Past Blog Posts

Court Considers Both Charging Document and Statute in Aggravated Felony Analysis

Declining to review the BIA’s denial of the cancellation application, the Ninth Circuit ruled that the petitioner’s guilty plea to the charge of violating a Washington state child assault statute “with sexual motivation” brings the conviction within the definition of the federal offense of sexual abuse of a minor.

BIA Finds Wisconsin Prostitution Statute Is Categorically an Aggravated Felony

The BIA sustained DHS’s appeal and reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaging in, or agreeing to engage in, sexual conduct for anything of value.1:42 AM

Court Finds Violation of Illinois Statute Pertaining to Possession of Weapons by Felons Is Not an Aggravated Felony

The Seventh Circuit granted the petition for review and remanded, finding that the LPR petitioner, who had been convicted of a felony and was subsequently convicted of possessing a weapon in violation of 720 ILCS 5/24–1.1(a), was not convicted of an aggravated felony pursuant to INA §101(a)(43). The court held that Illinois’s definition of a “firearm” is broader than that of its federal counterpart, and thus a conviction under the statute could not be treated as an aggravated felony.

Court Says California Conviction for Second Degree Murder Based on Aiding and Abetting Theory Qualifies as an Aggravated Felony

The Ninth Circuit denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. The court found that California law on aiding and abetting, which looks to the natural and probable consequences of an act the defendant intended, had not materially changed since the U.S. Supreme Court decided Gonzales v. Duenas-Alvarez in 2007

Virgina Ct. Says Burglary NOT aggravated felon

The Fourth Circuit denied the petition for review, holding that the offense of statutory burglary in Virginia does not constitute an aggravated felony under the categorical approach for purposes of immigration law.

Pornography ruled as Aggravated Felony

The Second Circuit denied the petition for review, holding that even though the New York law under which the petitioner was convicted for possession of child pornography lacks an interstate commerce element that is present in the analogous federal child pornography statute, the petitioner’s conviction qualified as an aggravated felony under the INA in light of the U.S. Supreme Court’s decision in Torres v. Lynch.

Crime of Violence further defined

The BIA ruled that as a crime of violence under 18 USC §16(a), the state statute must require as an element the use, attempted use, or threatened use of violent physical force. The BIA further held that the crime of aggravated battery under the Puerto Rico Penal Code, which may be committed by means that do not require the use of violent physical force, is not categorically a crime of violence under 18 USC §16(a).

%d bloggers like this: