Russell Abrutyn

Abrutyn Law PLLC

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Berkley, MI 48072

Friday, July 26, 2013

CA6 on "murder" under the INA, Matter of M-W-

Wajda v. Holder, No. 12-3978 (CA6 July 23, 2013) (unpublished).

The court affirmed the BIA's decision in Matter of M-W-, 25 I&N Dec. 748 (BIA 2012).  It answers the question of who M-W- is.

He failed to file a petition for review from the BIA's decision, instead choosing to file a motion to reconsider and then petitioning for review from that.  So the court did not review the published decision, only that decision on the motion to reconsider.

The argument that the court considered was whether the BIA's decision finding second degree murder to be "murder" under the INA was foreclosed by another circuit court decision finding that vehicular homicide was not a "crime of violence."  These are separate categories of offenses so the court found that there was no inconsistency. 

There were better arguments but they were not properly pursued.

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