[New post] 😎DANG, IF THE NDPA DIDN’T WIN ANOTHER ONE, AS THE BIA DECIDES TO FOLLOW THE SUPREMES’ JOHNSON RULING IN IMMIGRATION CASES! — Matter of Dang

Jennings12@aol.com posted: "  https://www.justice.gov/eoir/page/file/1497716/download Matter of DANG, 28 I&N Dec. 541 (BIA 2022) (1) The Supreme Court's construction of "physical force" in Johnson v. United States, 559 U.S. 133 (2010), and Stokeling v. United States," DANG, IF THE NDPA DIDN'T WIN ANOTHER ONE, AS THE BIA DECIDES TO FOLLOW THE SUPREMES' JOHNSON RULING IN IMMIGRATION CASES!  — Matter of Dang Jennings12@aol.com Apr 28   https://www.justice.gov/eoir/page/file/1497716/download Matter of DANG, 28 I&N Dec. 541 (BIA 2022) (1) The Supreme Court's construction of "physical force" in Johnson v. United States, 559 U.S. 133 (2010), and Stokeling v. United States, 139 S. Ct. 544 (2019), controls our interpretation of 18 U.S.C. § 16(a) (2018), which is incorporated by reference into section 237(a)(2)(E)(i) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1227(a)(2)(E)(i) (2018); the Court's construction of "physical force" in United States v. Castleman, 572 U.S. 157 (2014), is inapplicable in this context. (2) Because misdemeanor domestic abuse battery with child endangerment under section 14:35.3(I) of the Louisiana Statutes extends to mere offensive touching, it is overbroad with respect to § 16(a) and therefore is not categorically a crime of domestic violence under section 237(a)(2)(E)(i) of the INA, 8 U.S.C. § 1227(a)(2)(E)(i). PANEL:  CREPPY, LIEBOWITZ, and PETTY, Appellate Immigration Judges. OPINION: Judge Petty ***************************** Sometimes, the BIA decides to "blow off" the Supremes! But not this time! Due Process Forever! PWS 04-28-22 Comment Unsubscribe to no longer receive posts from immigrationcourtside.com. Change your email settings at manage subscriptions. Trouble clicking? Copy and paste this URL into your browser: https://immigrationcourtside.com Powered by Jetpack