Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An alien’s conviction for a crime involving moral turpitude does not render him ineligible for cancellation of removal under section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), if his crime is punishable by imprisonment for a period of less than a year and qualifies for the petty offense exception under section 212(a)(2)(A)(ii)(II) of the Act, 8 U.S.C. § 1182(a)(2)(A)(ii)(II) (2006). Matter of Cortez, 25 I&N Dec. 301 (BIA 2010).
A crime of moral turpitude
Involving moral turpitude
Moral turpitude
Can I be deported for this crime?
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Filed under: Crimes of Moral Turpitude | Tagged: alien's conviction, Brian D. Lerner, crime involving moral turpitude, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
<< (1) An alien who has been convicted of a crime involving moral turpitude for which a sentence of a year or longer may be imposed has been convicted of an offense “described under†section 237(a)(2) of the Act, 8 U.S.C. § 1227(a)(2)(2006), and is therefore ineligible for cancellation of removal under section 240A(b)(1)(C) of the Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), regardless of the alien’s eligibility for the petty offense exception under section 212(a)(2)(A)(ii)(II) of the Act, 8 U.S.C. § 1182(a)(2)(A)(ii)(II) (2006). Matter of Almanza, 24 I&N Dec. 771 (BIA 2009), clarified. Matter of Gonzalez-Zoquiapan, 24 I&N Dec. 549 (BIA 2008); Matter of Gonzalez-Silva, 24 I&N Dec. 218 (BIA 2007); and Matter of Garcia-Hernandez, 23 I&N Dec. 590 (BIA 2003), explained. (2) In determining which offenses are “described under†sections 212(a)(2), 237(a)(2), and 237(a)(3) of the Act for purposes of section 240A(b)(1)(C) of the Act, only language specifically pertaining to the criminal offense, such as the offense itself and the sentence imposed or potentially imposed, should be considered. (3) The respondent’s misdemeanor conviction for welfare fraud in violation of section 10980(c)(2) of the California Welfare and Institutions Code rendered her ineligible for cancellation of removal under section 240A(b)(1)(C) of the Act, because it was for a crime involving moral turpitude for which she could have been sentenced to a year in county jail and was therefore for an offense “described under†section 237(a)(2) of the Act.
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Filed under: Cancellation of Removal, conviction, Crimes of Moral Turpitude, Immigration Attorney, Immigration Lawyer | Tagged: Brian D. Lerner, Cancellation of Removal, crime involving moral turpitude, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration judges adverse credibility finding was supported by substantial evidence where there was testimony about an elaborate scheme, involving the publisher of a newspaper associated with petitioner’s brother-in-law’s political party, to print a noncirculating issue and plant a copy in petitioner’s country’s national press archives. Adverse credibility finding did not, by itself, support a sua sponte finding that the petitioner filed a frivolous petition where the possibility of such a finding was not raised by the government or by the immigration judge. Khadka v. Holder – filed August 18, 2010
Immigration judges
U.S district judge
Immigration judges who will preside in…
Immigration judges are proficient
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Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration judge’s adverse credibility finding was supported by substantial evidence where there was testimony about an elaborate scheme, involving the publisher of a newspaper associated with petitioner’s brother-in-law’s political party, to print a noncirculating issue and plant a copy in petitioner’s country’s national press archives. Adverse credibility finding did not, by itself, support a sua sponte finding that the petitioner filed a frivolous petition where the possibility of such a finding was not raised by the government or by the immigration judge. Khadka v. Holder – filed August 18, 2010
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Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Ninth Circuit decisions and those of other circuits provided petitioner, who claimed that ineffective assistance of counsel occurred after a final order of removal had been entered, with fair notice and the ability to anticipate that the Board of Immigration Appeals might have jurisdiction over his claim. District court did not err in dismissing habeas corpus petition for failure to satisfy prudential requirement that petitioner exhaust administrative remedies. Singh v. Napolitano – filed August 23, 2010
BIA Just a stepping stone
BIA appealing
The BIA ruling
BIA decisions
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, BIA Pro Bono Project, board immigration appeals, board of immigration appeal, board of immigration appeals, board of labor certification appeals, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Ninth Circuit decisions and those of other circuits provided petitioner, who claimed that ineffective assistance of counsel occurred after a final order of removal had been entered, with fair notice and the ability to anticipate that the Board of Immigration Appeals might have jurisdiction over his claim. District court did not err in dismissing habeas corpus petition for failure to satisfy prudential requirement that petitioner exhaust administrative remedies. Singh v. Napolitano – filed August 23, 2010
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Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The “personal use exception” of 8 U.S.C. Sec. 1227(a)(2)(B)(i), which exempts from removability those convicted of only a “single offense involving possession for one’s own use of 30 grams or less of marijuana,” does not apply to aliens who have more than one drug conviction. Petitioner was ineligible where his conviction for possession of concentrated cannabis was not his only controlled substance offense. Rodriguez v. Holder – filed August 23, 2010
Person with convictions
Felony granted
Several convictions
Drug conviction
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Filed under: alien's conviction | Tagged: Brian D. Lerner, controlled substance, conviction, convictions, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Personal use exception | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The “personal use exception” of 8 U.S.C. Sec. 1227(a)(2)(B)(i), which exempts from removability those convicted of only a “single offense involving possession for one’s own use of 30 grams or less of marijuana,” does not apply to aliens who have more than one drug conviction. Petitioner was ineligible where his conviction for possession of concentrated cannabis was not his only controlled substance offense. Rodriguez v. Holder – filed August 23, 2010
33.767524
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Filed under: alien's conviction, controlled substance, Drug Trafficker, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, controlled substance, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Personal use exception | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Petitioner’s conviction for distributing listed chemicals–ephedrine and pseudoephedrine–with reasonable cause to believe they would be used to manufacture methamphetamine qualified as a drug trafficking crime and constituted an aggravated felony rendering him ineligible for cancellation of removal under the Immigration and Nationality Act. Daas v. Holder – filed August 24, 2010.
Felony conviction
Committed an aggravated felony?
Immigration consequences
Aggravated felony theft offense
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Petitioner’s conviction for distributing listed chemicals–ephedrine and pseudoephedrine–with reasonable cause to believe they would be used to manufacture methamphetamine qualified as a drug trafficking crime and constituted an aggravated felony rendering him ineligible for cancellation of removal under the Immigration and Nationality Act. Daas v. Holder – filed August 24, 2010
Filed under: Immigration Attorney | Leave a comment »
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