Sixth Circuit finds that Michigan Unarmed Robbery is a Crime of Violence

The Sixth Circuit has determined that a Michigan conviction for unarmed robbery is a crime of violence under the sentencing guidelines. The court noted that the minimum conduct punishable under the statute requires putting the victim in fear of physical injury, and thus, involves the threatened use of force. Given the similar definitions of a crime of violence in the sentencing guidelines and a crime of violence aggravated felony in the immigration context, this decision could have persuasive impact in immigration cases.

The full text of United States v. Fuller-Ragland can be found here:

http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0146p-06.pdf

SCOTUS Clarifies Generic Definition of Burglary

The Supreme Court has determined that the generic definition of burglary does not require a defendant to have criminal intent at the first moment that he unlawfully remains in a building, but rather, encompasses offenses where a defendant forms that intent at any time that he is unlawfully remaining the building. As such, Michigan’s third-degree home invasion statute is a match to the generic burglary definition.

The full text of Quarles v. United States can be found here:

https://www.supremecourt.gov/opinions/18pdf/17-778_7li8.pdf

Sixth Circuit finds that Michigan Felonious Assault is not a CIMT

The Sixth Circuit has determined that a Michigan conviction for felonious assault is both overbroad and indivisible with respect to the generic definition of a crime of involving moral turpitude.

The full text of Molina Hernandez v. Whitaker can be found here:

http://www.opn.ca6.uscourts.gov/opinions.pdf/19a0010p-06.pdf

BIA Declines to Apply Res Judicata; Deems MI Conviction for First Degree Home Invasion to be Burglary Aggravated Felony

The Board of Immigration Appeals (Board) has determined that the doctrine of res judicata does not prevent the Department of Homeland Security (DHS) from bringing a new removable proceeding (with a new charge of removability) based on a criminal conviction that did not sustain the charge of removability in a prior proceedings.  In the instant case, the DHS had initially charged the respondent with a conviction for a crime of violence aggravated felony based on a Michigan conviction for first-degree home invasion.  Due to intervening case law regarding the definition of a crime of violence, those proceedings were terminated.  The DHS then re-charged the respondent with a burglary aggravated felony based on the same conviction.  The Board determined that res judicata did not bar the second proceedings, though it also recognized that its decision was in conflict with Ninth Circuit jurisprudence.  The Board also determined that a Michigan conviction for first-degree home invasion is categorically a burglary aggravated felony.

The full text of Matter of Jasso Arangure can be found here:

https://www.justice.gov/eoir/page/file/1021376/download

Eighth Circuit Deems a Michigan Robbery Conviction be a Violent Felony

In the context of a federal sentencing case, the Eighth Circuit has determined a Michigan conviction for robbery is a violent felony.  The statute, which requires the defendant “assault or put[] in fear” the victim, is limited to conduct that accomplishes a forceful taking (or attempted taking) by using violence or the threat of violence to put the victim in fear of immediate personal injury.  Given the similarity between the definition of a violent felony and a crime of violence in the immigration context, this decision likely applies to a crime of violence aggravated felony analysis in the immigration context as well.

The full text of US v. Lamb can be found here: http://media.ca8.uscourts.gov/opndir/16/04/152399U.pdf