AILA Amicus Brief Filed in Second Circuit Challenging Matter of Lanferman

On August 13, 2012, I filed an amicus curiae brief for the American Immigration Lawyers Association that challenged the Board of Immigration Appeals decision in Matter of Lanferman, 25 I. & N. Dec. 721 (BIA 2012).  The Board’s decision in Matter of Lanferman expands the use of the modified categorical approach over the categorical approach.  The categorical approach and modified categorical approach are tests that are used to see if an alien in removal proceedings can be deported because of a conviction.  Under the categorical approach, an immigration judge only looks at the statute to determine if an alien can be deported because of a conviction.  Under the modified categorical approach, an immigration judge can look to the record of conviction to determine if an alien can be deported because of a conviction.  By expanding the use of the modified categorical approach, more aliens are likely to be deported because of their convictions.