July | 2010 | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Violation of a law relating to a controlled substance

Posted on July 8, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. Â§ 1101(a)(43)(B) (2006), but it is a violation of a law relating to a controlled substance under former section 241(a)(2)(B)(i) of the Act, 8 U.S.C. Â§ 1251(a)(2)(B)(i) (1994).

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A new case

Posted on July 8, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

A new case : Where Chapter 7 debtor, prior to filing petition, assigned its accounts receivable to bank, but account-holder made payments directly to debtor instead of bank, and bankruptcy court later avoided bank’s security interest in a preference action by the trustee, bank was barred from proceeding in a separate action against the account-holder for amounts the account-holder paid to the debtor because the bank did not possess any claim separate and distinct from those which were adjudicated in the bankruptcy proceedings.

Find a good Bankruptcy attorney

Bankruptcy case

Bankruptcy court´s order

File bankruptcy

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Posted on July 8, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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Analysis on Crimes of Moral Turpitude

Posted on July 8, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Crimes of Moral Turpitude should be analyzed under 24 I & N DEC 687 (2008). Step 1: – If it is clearly a CMT then the analysis is over; Step 2: Was there a temporary or permanent taking; Step 3: What extrinsic evidence exists (this can be shown); Step 4 – CMT is a non elemental fact. Look at Johnso vs. US (130 S.Ct. 1265 (2010)) or Matter of Milan – 25 De. 197 (BIA 2010).

Charged in violent crimes?

Crimes of moral turpitude

Particular types of crime

Victims of crime

Filed under: Crimes of Moral Turpitude | Tagged: Crimes of Moral Turpitude, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »

Posted on July 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Documents that the Court can look at are the charging documents, plea documents, judgement and sentence documents. If there is another scenerio that can occur under the statute, it must be a ‘realist probability’.