Why did the Ninth Circuit remand Madrigal-Barcenas v. Lynch?

Sunday, August 16th, 2015

On August 10, 2015, the Ninth Circuit remanded Madrigal-Barcenas v. Lynch, which was at the Supreme Court along with Mellouli v. Lynch. Mellouli v. Lynch, is the Supreme Court case decided on June 1, 2015, that held that a Kansas conviction for possession of drug paraphernalia, in the Mellouli case, a sock in which Mr. Mellouli stored four Adderall pills, was not categorically a removable offense as a controlled substance violation, INA § 237(a)(2)(B)(I).  The Kansas statute,  Kan. Stat. Ann….

Matter of Almanza-Arenas, RIP

Tuesday, November 11th, 2014

It has finally happened. The Ninth Circuit ruled in the case of Almanza-Arenas v. Holder. The case at the Ninth Circuit was on review from the Board of Immigration Appeals. It stood for the proposition that when a record of conviction is ambiguous as to whether a crime makes one ineligible for relief, then the person seeking relief fails to meet the burden of eligibility, which is on the applicant, and therefore cannot be granted the relief. The issue arises…

Ninth Circuit Rendon decision reduces the reach of Young v. Holder

Wednesday, August 27th, 2014

I have written previously about how the Board of Immigration Appeals, the courts of appeal, and the Supreme Court have been struggling over how to determine whether an individual’s crime is a crime or moral turpitude or an aggravated felony. I wrote  three years ago about the 9th Circuit Court of Appeals’ en banc adventure in creating a missing element rule in trying to determine if a particular crime was a crime of moral turpitude or an aggravated felony in…

New test in missing element cases is not changing the results – so far.

Sunday, November 4th, 2012

In immigration law, there are certain crimes an alien can be convicted of that can lead to removal. The immigration statutes, found in the Immigration and Nationality Act, do not list the state crimes and usually not the federal crimes that lead to removal. Rather, the Immigration and Nationality Act names certain types of crimes – such as a “crime of moral turpitude,” or a “theft offense,” or a “crime of violence,” or “sexual abuse of a minor,” or “domestic…