Second Circuit throws doubt on the Categorical Approach of Drug Convictions
In Doe v. Sessions, the Second Circuit found that the BIA did not err in determining that the petitioner’s federal drug trafficking conviction made him removable,…
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categorical approach
l: Court Finds BIA Erred in Barring Cancellation and Asylum Applications of Petitioner Convicted Under NY Penal Law §220.31
The Second Circuit granted in part the petition for review, holding that the BIA should have applied the categorical approach to determine whether the petitioner’s N.Y.…
AG Lifts Stay and Remands Matter of Chairez and Matter of Sama
After referring Matter of Chairez and Matter of Sama to herself for review of an issue relating to Descamps v. United States, and after inviting amicus briefs addressing the proper…
Court Finds Receipt of Embezzled Property Is Not Categorically an Aggravated Felony
The Fourth Circuit held that the BIA erred in concluding that the petitioner was an aggravated felon who was ineligible for cancellation of removal under INA §240A(a)(3),…
Got a theft offense. Think your an aggravated felon? Think again.
The Ninth Circuit granted the petition for review and remanded, finding that a conviction under California’s theft statute is categorically not a theft offense, and…