In immigration law, the label attached to a state conviction is rarely the end of the analysis. The Immigration and Nationality Act (INA) uses short, high-impact terms—like “rape”—to define “aggravated felonies.”
The BIA in Matter of Brathwaite analyzed the finality of a conviction for immigration purposes in the case of a late New York appeal under section 460.30.
In Matter of JM Acosta, the BIA clarified rules for the finality of criminal convictions for immigration purposes in removal proceedings.
In Matter of Salad, the BIA examined when a statute for making terroristic threats is a crime involving moral turpitude (CIMTS)
In Matter of Obshatko, the BIA held that the categorical and modified categorical approaches don’t apply to INA 237(a)(2)(E)(ii) (violating an order of protection)
6th Circuit followed the Matter of Esquivel-Quintana regarding the immigration aggravated felony for sexual abuse of a minor in its decision, Esquivel-Quintana v. Lynch.
