EOIR, July 2, 2024 "The Executive Office for Immigration Review (EOIR) today announced the launch of Respondent Access Portal , a secure online platform that allows unrepresented individuals who...
Nash v. Mikesell "A division of the court of appeals considers whether Colorado law prohibits state or local law enforcement officers from performing the arrest and detention functions of federal...
VELAZQUEZ V. GARLAND DECISION BELOW: 88 F.4th 1301 (CA10) CERT. GRANTED 7/2/2024 QUESTION PRESENTED: Federal immigration law allows the government to grant a "voluntary departure" period...
Gutierrez v. Garland "Sergio Manrique Gutierrez petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal of an order of removal by an Immigration...
BIA, June 28, 2024 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: What is the scope of...
Maie v. Garland
"Maie’s petition contends that his petty theft convictions are not categorically CIMTs. The government’s initial response argued only that Maie failed to preserve this argument. For reasons explained more fully below, we conclude that Maie’s argument was not waived. Because Maie’s argument presents an issue we have yet to address in a published opinion, we ordered supplemental responses to fill the gap left by the government’s first brief. Now, having considered the parties’ post-argument briefs,we conclude that Hawaii’s fourth degree theft statute is not a CIMT. Thus, the government has not shown that Maie is subject to removal. ... We conclude that Hawaii’s definition of “theft” does not always require the government to prove the defendant acted with an intent to permanently deprive or substantially erode the owner’s property rights. Accordingly, Hawaii’s fourth degree theft statute is overbroad because it criminalizes conduct not encompassed by the BIA’s definition of a CIMT. ... We conclude that Hawaii’s fourth degree theft statute is indivisible because it proscribes one crime that can be committed eight different ways, not eight distinct crimes. Accordingly, Maie’s prior theft convictions do not categorically match the BIA’s definition for CIMTs."
[Hats off to Team Hastings, Anna Lovelace Owen (argued) and Olivia Medina, Certified Law Students; Leah Spero (argued), Gary A. Watt, and Stephen Tollafield, Supervising Counsel; Hastings Appellate Project, Hastings College of Law, University of California, San Francisco, California; for Petitioner!]