Spring, TX
Immigration Lawyer at Spring, TX
Practice Areas: Immigration, Appeals, Asylum
OUTCOME: Agency decision upheld with dissent in favor of our position and majority and concurrence sympathetic but bound by en banc precedent.
I was invited to argue before the Fifth Circuit Court of Appeals whether possession of cocaine is categorically a conviction related to a controlled substance.
OUTCOME: Agency decision upheld.
Stateless U.S. military veteran appealed denial of military naturalization.
OUTCOME: Board of Immigration Appeals reversed
Court withdrew prior published decision and reversed, holding that the expiration of an alien's temporary resident status does not "undo" a lawful admission made at a port of entry pursuant to that sta ... tus for purposes of adjustment of status.
OUTCOME: Texas assault is not a CIMT.
Issue: Whether Texas Penal Code 22.01(a)(1) (assault) is a crime involving moral turpitude. I filed an amicus brief arguing that a finding by the 5th circuit contrary to the Texas Supreme Court would ... violate Erie Railroad v. Tompkins.
OUTCOME: substantial evidence supported the BIA's conclusion that Mr. Gomez was not admitted. The decision was later withdrawn and reversed by the court based on new evidence.
Fifth Circuit considered whether alien was "admitted to the United States" where he presented substantial evidence of air travel but no passport or I-94.
OUTCOME: U.S. Supreme Court ruled 8-1 that courts of appeals have jurisdiction over all statutory motions to reopen filed by aliens.
Issue: Whether courts of appeals have jurisdiction to review BIA denials of untimely motions to reopen filed by aliens (including requests for equitable tolling of the motions to reopen deadline).
OUTCOME: Court held the REAL ID Act did not per se preclude immigration judge, on alien's application for discretionary relief in form of cancellation of removal, from requiring alien to produce police reports regarding his prior misconduct.
The Fifth Circuit considered as a matter of first impression whether an immigration judge may require police reports as corroborating evidence under the REAL ID Act.
OUTCOME: Fifth Circuit held unanimously that Virginia Sexual Battery is not a crime of child abuse or "sexual abuse of a minor." Board of Immigration Appeals' decision reversed and client's removal order terminated.
Issue: whether Virginia Sexual Battery (a crime with no age-related element) is a crime of child abuse or "sexual abuse of a minor" within the Immigration and Nationality Act.
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