BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping...
Montejo-Gonzalez v. Garland (2-1) "On their way to an initial hearing before an immigration judge (“IJ”) in Seattle, Washington, Claudia Elena Montejo-Gonzalez and her two minor children...
Acacia Center for Justice "Join us today, Thursday, October 17, 2024 at 3:00-4:30 pm ET for a webinar on how legal service providers can overcome burnout. We will explore strategies that policymakers...
USCIS, Oct. 15, 2024 "DHS recently issued a new class of admission (COA) of Military Parole in Place (MIL) to better reflect parole granted under a longstanding process for certain U.S. military...
Attorney Alan Lee has thoughts: SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES, PART 1 SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES...
"Esparza-Perez’s conviction [Ark. Code § 5-13-204 (2003) agg. assault] does not constitute a crime of violence as the enumerated offense of “aggravated assault” for essentially the same reason the government concedes it does not, under existing precedent, constitute a crime of violence under the residual clause. See U.S.S.G. § 2L1.2 cmt. n.1(B)(iii) (“‘Crime of violence’ means . . . any . . . offense . . . that has as an element the use, attempted use, or threatened use of physical force against the person of another”). Assault, as commonly understood, by its nature requires proof of the use, attempted use, or threatened use of offensive contact against another person. Esparza-Perez was not convicted of “aggravated assault” for sentencing enhancement purposes because his crime of conviction lacks proof of an underlying assault. Because the government has not shown that such error was harmless under our precedent, Esparza-Perez’s sentence is VACATED and we REMAND this case for resentencing." - USA v. Esparza-Perez, May 14, 2012.