In deciding whether to apply the categorical or modified categorical approach to determine whether a statute of conviction necessarily or potentially renders an alien removable, it is first necessary to determine whether that statute is divisible. In Matter of Lanferman, 25 I&N Dec. 721 (BIA 2012), the Board concluded that a statute is divisible, regardless of its structure if, based on the elements of the offense, some but not all violations of the statute give rise to grounds for removability or ineligibility for relief. In finding this way, the Board adopted the broadest of three potential approaches, allowing divisibility to be found in the statute even when the various permutations are not set apart by “disjunctives or subsections.”
- U Visa Backlog Updates - Why is My U Visa Taking So Long?
- New Form I-485 is a Huge Change From Old Form
- How to Expedite a Visa or Benefit Request With USCIS
- BIA Fails to Clarify 237(a)(1)(H) Waiver Eligibility - Matter of Tima
- Matter of L-E-A- Holds Family is a Particular Social Group
- When the BIA Denies An Appeal, Consider Your Options
- BIA Paper Color for Forms: Does it Matter?
- Should You Hire a Lawyer for Naturalization? It Depends.
- The Return Policy May Be Quietly Changing
I am a Kansas City immigration attorney. I represent immigrants in court, on appeal, and before the USCIS in visa applications, asylum, and naturalization.