Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Friday, August 2, 2013

BIA on Aggravated Assault, MCL 750.81a

Matter of Sangchul Lee, 2013 WL 3899749, A200-298-115 (BIA July 5, 2013) (unpublished).

The BIA held that aggravated assault, MCL 750.81a is not categorically a CIMT.  It specifically does not require the use of a weapon and it requires an intent less than an intent to commit murder or great bodily harm less than murder.

The BIA remanded for a modified categorical approach.

CA6 on Particular Social Group and Social Visibility

Umana-Ramos v. Holder, No. 12-4274 (CA6 July 30, 2013) (published)

In this resistance to gang recruitment case, the Court clearly adopted the BIA's particular social group test, which requires a showing of particularity and social visibility.  The Court did so with a caveat - social visibility is not to be taken literally (there is no on-sight visibility requirement).  Rather, it means that individuals with a shared characteristic must be perceived as a group in the society at issue.