Taylorsville, UT
Immigration Lawyer at Taylorsville, UT
Practice Areas: Immigration, Criminal Defense, Asylum
OUTCOME: Remanded to the immigration judge for further proceedings.
The Board of Immigration Appeals ("BIA") granted the government's motion to reconsider, but rejected the government's principle argument that for immigration purposes a criminal statute's "elements" do ... not require jury unanimity. The BIA reinforced its prior holding that the Circuit Court's have the ultimate say on the issue.
OUTCOME: Reversed and remanded for further proceedings.
The Board of Immigration Appeals ("BIA") reversed the Immigration Judge's conclusion that my client's firearms conviction was a "crime of violence." In so doing, the BIA reversed its own prior case, Ma ... tter of Lanferman, a 2012 case which increased the number of criminal offenses that could trigger deportation. Instead, the BIA applied US Supreme Court decision, Descamps v. US, in the immigration context requiring jury unanimity to determine the elements of a criminal statute.
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