Viewing entries tagged
Louisiana crimes

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Fifth Circuit Determines that Louisiana Conviction for Accessory after the Fact is not an Obstruction of Justice Aggravated Felony

The Fifth Circuit has determined that a Louisiana conviction for accessory after the fact is not an obstruction of justice aggravated felony because the state offense is a general intent crime, while the generic definition of obstruction of justice requires a specific intent to interfere with the process of justice.

The full text of Lopez Orellano v. Garland can be found here:

https://www.ca5.uscourts.gov/opinions/pub/23/23-60248-CV0.pdf

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BIA Finds that LA Domestic Battery is not Crime of Violence

The Board of Immigration Appeals has determined that a Louisiana conviction for domestic battery is not a crime of violence (or, accordingly, a crime of domestic violence) because it criminalizes offensive touching. The Board also noted that it is the Supreme Court’s definition of violent force in Johnson and Stokeling, and not its definition of a misdemeanor domestic violence offense in Castleman, that governs the analysis under section 237(a)(2)(E)(i) of the INA.

The full text of Matter of Dang can be found here:

https://www.justice.gov/eoir/page/file/1497716/download

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BIA Construes Adam Walsh Act

The Board of Immigration Appeals (Board) has determined that a Louisiana conviction for computer-aided solicitation of a minor qualifies as an offense against a minor under the Adam Walsh Act even if the victim was an adult undercover police officer.  The Board noted that the Adam Walsh Act includes attempts to engage in criminal sexual conduct with a minor, and that the conviction at issue fell squarely within that category.

The full text of Matter of Izaguirre can be found here: 

https://www.justice.gov/eoir/page/file/983601/download

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