Category Archives: crime of violence

Judulang v. Holder: BIA’s policy for applying §212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. §706(2)(A).

Posted on December 20, 2011 by Mike Baker

Docket No. Op. Below Argument Opinion Vote Author Term 10-694 9th Cir. Oct 12, 2011 Tr.Aud. Dec 12, 2011 9-0 Kagan OT 20 Holding: The policy used by the Board of Immigration Appeals to determine whether a resident alien is … Continue reading →

Posted in 212(c), Aggravated felony, crime of violence, U.S. Supreme Court | Leave a comment

AGGRAVATED FELONY CASE SUMMARY

Posted on November 6, 2011 by Mike Baker

By Immigration Judge Bertha A. Zuniga (San Antonio) November 15, 2010 (Summary updated regularly) | Aggravated Felony Outline (pdf) DISCLAIMER: The summaries and cases provided herein are those of the author alone and do not represent a position or policy of … Continue reading →

Posted in Aggravated felony, AGGRAVATED FELONY CASE SUMMARY, Crime involving moral turpitude, crime of violence, Deportation for Drug Crimes | Tagged | Leave a comment

BIA Finds California Assault with Intent to Commit a Felony Is a Crime of Violence

Posted on July 28, 2011 by Mike Baker

The Board of Immigration Appeals (BIA or Board) held in Matter of Ramon Martinez, 25 I. & N. Dec. 571 (B.I.A. July 15, 2011), that a violation of § 220 of the California Penal Code (assault with intent to commit … Continue reading →

Posted in BIA, Board of Immigration Appeals, crime of violence | Leave a comment

Supreme Court Holds that Florida Battery Conviction Was Not “Violent Felony”

Posted on March 30, 2010 by Mike Baker

In a case with implications for aliens facing domestic violence deportation charges or with aggravated-felony crime of violence convictions, the U.S. Supreme Court in Johnson v. U.S., 2010 WL 693687, held that the Florida felony offense of battery by “[a]ctually … Continue reading →

Posted in Aggravated felony, crime of violence, Domestic battery | Leave a comment