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Matter of Martinez

2 Analyses of this admin-law by attorneys

  1. BIA: Cal assault with intent to commit felony is crime of violence aggravated felony

    University of Denver Sturm College of LawAugust 23, 2011

    In a published decision, the BIA held that California’s assault with intent to commit a felony offense constitutes a crime of violence type of aggravated felony. Matter of Martinez, 25 I&N Dec. 571 (BIA 2011) (Grant, Miller, and Malphrus, Board Members). Board Member Grant wrote the panel’s decision.

  2. BIA flouts Supreme Court’s consistent categorical approach analysis

    University of Denver Sturm College of LawJune 11, 2015

    Id. at 594.To reach its conclusion in this case that the “ordinary case” approach is best, the BIA turned to its earlier decision in Matter of Martinez, 25 I&N Dec. 571 (BIA 2011). There the Board explained, “We do not rule out an offense simply because there exists a conceivable factual scenario in which the statute could be applied to conduct that would not constitute a crime of violence.