With the SCOTUS decision in Mathis, the AG lifted her stay on two BIA decisions regarding the categorical approach and modified categorical approach
In Mathis v. United States, the Supreme Court held that courts must apply the categorical approach to a statute that defines only one crime but alternative means of committing it
It remains unclear for immigration after the Matter of Voisine whether a crime with a minimum mens rea of recklessness can be a crime of violence.
SCOTUS held in Voisine v. U.S. that “crime of domestic violence” includes reckless assault. This has possible effects on 18 U.S.C. 16 and in the immigration aggravated felony context.
The BIA held in the Matter of Garza-Oliveras that the circumstance-specific approach must be applied to aspects of an offense under 101(a)(43)(T) for failure to appear.
The Matter of H. Estrada established when a clarifying order can be used to determine the length of a sentence for purpose of an aggravated felony under 101(a)(43)(F).
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