Attorney General Eric Holder appointed twenty-four new Immigration Judges in October to Immigration Courts across the country. Most of the newly appointed judges have strong professional ties to DHS. Three judges, however, appear to be longtime advocates for immigrants. Most of the new judges have worked for DHS. Thirteen of the judges have worked as prosecuting attorney for DHS. The three who appear to strong pro-immigrant credentials are Maureen O’Sullivan, appointed to the Los Angeles Immigration Court, Stuart F. Karden to the Orlando Immigration Court, and Joren Lyons of the [...]
IJ: Texas evading arrest by vehicle is not crime of violence aggravated felony
In a recent case I briefed, an Immigration Judge determined that a conviction for the Texas offense of evading arrest by vehicle does not fall within the crime of violence category of aggravated felony. The Department of Homeland Security argued that the Fifth Circuit's recent decision in United States v. Harrimon, 568 F.3d 531 (5th Cir. 2009), held that Texas evading arrest does constitute a COV. Section 101(a)(43)(F) defines a COV according to its definition at 18 U.S.C. § 16. Section 16 of Title 18 of the U.S. Code provides:The term “crime of violence” means— (a) an offense that has [...]
IJ: Possession of drug paraphernalia conviction can’t be used for drug-related aggravated felony category
An Immigration Judge recently held that our client's conviction for possession of drug paraphernalia could not be used to prove that he was convicted of an aggravated felony. The IJ first concluded that possession of paraphernalia is not punishable under the federal Controlled Substances Act (CSA), then concluded that the paraphernalia conviction could not serve as the basis of a recidivist offender violation.Our client was convicted of violating two Maryland offenses: criminal possession of a controlled dangerous substance, Md. Code Ann., Crim. § 5-601, and possession of drug [...]
IJ: Texas assault involving family violence is not crime of violence aggravated felony
An Immigration Judgein Texas last week found that a Texas conviction for assaultinvolving family violence, Tex. Penal Code § 22.01(a),does not fall into the crime of violence category of aggravatedfelony. This was a great victory for one of our clients that we wonbased primarily on the brief we submitted.Section 101(a)(43)(F)defines a crime of violence in relation to 18 U.S.C. § 16.In turn, 18 U.S.C. § 16 defines a crime of violence as(a) an offense thathas as an element the use, attempted use, or threatened use ofphysical force against the person or property of another, or (b) [...]