Yet another look at Matter of Silva-Trevino, this time through a Rosas colored glasses.

Sunday, November 6th, 2011

Today I write again on a technical matter, discussing the case, Matter of Silva-Trevino, again. As you may recall from writings  here and here  and here, in this case, the then-attorney general, Michael Mukasey, issued a decision deviating from the prevailing law regarding what an immigration judge may consider in determining whether someone committed a crime of moral turpitude. This is important because depending on the number of such crimes, when they were committed, and the severity of the sentence,…

The pendulum swings back in the 9th Circuit ‘reversing’ Matter of Almanza-Arenas

Sunday, January 9th, 2011

Nearly a year ago, I posted two blogs, this and this, about a case from the Board of Immigration Appeals, Matter of Almanza-Arenas, which reversed precedent in the Ninth Circuit regarding showing eligibility for Cancellation of Removal for Certain Permanent Residents, INA § 240A(a). This Cancellation of Removal, there are two others, allows permanent residents to keep their permanent residence status after committing removable offenses or engaging in conduct that renders one removable. To be eligible, an alien must have at…

What if she was a foreigner?

Wednesday, June 9th, 2010

Paula Poundstone Paula Poundstone, a comedienne (if you consider “Wait, Wait, Don’t Tell Me” funny, which I actually do) pled guilty in September 2001 of a felony charge of child endangerment and a misdemeanor charge of inflicting injury on a child. She had originally been arrested for committing lewd acts on a child. Ms. Poundstone maintained her innocence regarding the lewd act charges. The child endangerment and injury on a child charges were supposedly based on driving under the influence…