BIA Edge

Practitioner resource library

Moncrieffe and Olivas-Motta: Fourteen Crim/Imm Defenses in the Ninth Circuit

In Moncrieffe v. Holder , the U.S. Supreme Court reaffirmed that the full categorical approach applies in immigration proceedings. A result is that where the criminal statute defines the offense more broadly than the immigration definition at issue, the conviction will not trigger the immigration penalty.

Immigrant Legal Resource Center Practice advisory May 29, 2013 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from Immigrant Legal Resource Center on Crimes; review the source material for the most current authority and procedure.

Topics

Crimes and categorical approach

Workflows

BIA, PFR, and federal court Crim-imm screening

Forums

Court of appeals

Jurisdictions

9th Circuit