UNITED STATES v. VILLARREAL SILVA

Holding that (1) when expedited removal is alleged to be an element in a criminal prosecution under 8 U.S.C. § 1326, the defendant must, as a matter of due process, be able to challenge the element if he did not have a prior opportunity to do so, and thus the jurisdiction-stripping provision in 8 U.S.C. § 1225(b)(1)(D) is unconstitutional, but (2) the Defendant in the instant case failed to establish that the expedited removal procedure was fundamentally unfair because he did not demonstrate prejudice.

Date of Decision
Publication Status
Published
Case Categories
Due Process
Immigration Proceedings
Procedural
Jurisdiction
Case Judge
Keenan
Niemeyer
Quattlebaum

HENRIQUEZ DIMAS v. SESSIONS

Holding that Maryland conviction for a fourth-degree sexual offense, specifically, “sexual contact with another without the consent of the other” under Md. Code Ann., Crim. Law § 3-308(b)(1), is not categorically a crime involving moral turpitude (CIMT). 

Date of Decision
Publication Status
Unpublished
Case Categories
Criminal-Immigration Consequences
CIMT
Case Judge
Motz
Duncan
Thacker

ENANG v. SESSIONS

Holding that the Maryland offense of conspiracy to distribute a controlled dangerous substance is divisible; as such, the IJ and the BIA properly utilized the modified categorical approach to find that a noncitizen's conviction constituted a controlled substance offense that rendered him removable under 8 U.S.C. § 1227. 

Date of Decision
Publication Status
Unpublished
Case Categories
Criminal-Immigration Consequences
Other
Case Judge
Keenan
Shedd
Wynn

ALDUNATE MORALES v. SESSIONS

Holding that the BIA did not err in concluding that Petitioner's felony failure to appear conviction under Virginia Code § 19.2-128(B) constitutes an aggravated felony, which rendered him deportable.

Date of Decision
Publication Status
Unpublished
Case Categories
Criminal-Immigration Consequences
Aggravated Felony
Case Judge
Agee
Duncan
Shedd

SANCHEZ-SALAZAR v. SESSIONS

Holding that Petitioner's South Carolina domestic violence conviction constitutes a crime of violence under 8 U.S.C. § 16(a) and thus rendered him ineligible for cancellation of removal.

Date of Decision
Publication Status
Unpublished
Case Categories
Criminal-Immigration Consequences
Other
Case Judge
Motz
Wilkinson
Traxler

MORALES v. SESSIONS

Holding that a non-citizen's conviction under 8 U.S.C. § 1325(a) constitutes clear and convincing evidence that he engaged in alien smuggling, thus rendering him removable because he was inadmissible at the time of his adjustment to LPR status, and ineligible for an INA § 237(a)(1)(H) waiver of inadmissibility.  

Date of Decision
Publication Status
Unpublished
Case Categories
Criminal-Immigration Consequences
Other
Waivers
237(a)(1)(H)
Case Judge
King
Shedd
Thacker

RAMIREZ v. SESSIONS

Holding that (1) Petitioner administratively exhausted issue of whether offense was a crime involving moral turpitude (CIMT) despite making more nuanced points and citing new cases for the first time on petition for review and (2) Virginia obstruction of justice pursuant to Va. Code Ann. § 18.2- 460(A) does not constitute a CIMT because it does not categorically involve turpitudinous conduct, and (3) ordering Government to facilitate Petitioner's return to the United States to restore him to his pre-removal status and effectuate judicial review.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
CIMT
Procedural
Jurisdiction
Case Judge
Gregory
Motz
Traxler

JIMENEZ-CEDILLO v. SESSIONS

Ruling that Board erred in concluding that Maryland sexual solicitation of a minor, Md. Code Ann., Crim. Law § 3-324, is a crime involving moral turpitude (CIMT), where, after Petitioner pled guilty to the offense, the Board reversed its prior precedent to hold that offense was a CIMT without acknowledging or explaining its change in position.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
CIMT
Procedural
Other
Case Judge
Thacker
Harris
Shedd

SHAW v. SESSIONS

Holding that (1) Petitioner's conviction for conspiracy to possess marijuana with intent to distribute, in violation of New Jersey's general conspiracy statute, N.J. Stat. Ann. § 2C:5-2, constituted a federal controlled substance offense, which rendered Petitioner inadmissible, (2) the Board was permitted to consider Petitioner's indictment as evidence of his conviction, and (3) Court lacked jurisdiction to consider Petitioner's unexhausted argument that DHS did not carry its burden of establishing removability because the indictment considered by the Board was not the indictment to which he pled guilty.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
Other
Procedural
Jurisdiction
Case Judge
Gregory
Wilkinson
Agee

MAURICIO-VASQUEZ v. WHITAKER

Holding that, in proving Petitioner's removability based on his commission of a crime involving moral turpitude within five years of his admission to the United States, the Department of Homeland Security (DHS) had the burden of affirmatively establishing date of Petitioner's admission by clear and convincing evidence, and DHS failed to establish that Petitioner committed crime within five years of his admission.

Date of Decision
Publication Status
Published
Case Categories
Criminal-Immigration Consequences
CIMT
Procedural
Other
Case Judge
Niemeyer
Diaz
Floyd