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Mens Rea needed for aggravated felony

The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76‑10‑508.1 of the Utah Code was not shown to be divisible with respect to the mens rea necessary for the offense to qualify as a crime of violence under 18 U.S.C. § 16(a)(2012), based on the Supreme Court’s decisions in Mathis v.‍ United States, 136 S. Ct. 2243 (2016), and Descamps v. United States, 133 S. Ct. 2276 (2013).  Matter of Chairez, 26 I&N Dec. 349 (BIA 2014), and Matter of Chairez, 26 I&N Dec. 478 (BIA 2015), clarified.

Stay Lifted on Divisibility cases

Matter of CHAIREZ and SAMA, 26 I&N Dec. 796 (PDF)
The Attorney General lifted the stay and remanded these cases to the Board of Immigration Appeals for appropriate action.

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 approach for determining “divisibility” within the meaning of Descamps, the Attorney General (AG) lifted the stay and remanded the two cases to the BIA for any appropriate action in light of the U.S. Supreme Court’s June 23, 2016, decision in Mathis v. United States.

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