The Seventh Circuit granted the petition for review and remanded, finding that the LPR petitioner, who had been convicted of a felony and was subsequently convicted of possessing a weapon in violation of 720 ILCS 5/24–1.1(a), was not convicted of an aggravated felony pursuant to INA §101(a)(43). The court held that Illinois’s definition of a “firearm” is broader than that of its federal counterpart, and thus a conviction under the statute could not be treated as an aggravated felony.
Aggravated felony
Directors of washington comoany pleas guilty to felony Immigration violations
Filed under: Felony | Tagged: aggravated felony, Felony, firearm, Immigration, Immigration Attorney, Immigration Lawyer, modified categorical approach |
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 
Would like you to file applications for permission to apply. What’s the cost. Was deported 2009 on the grounds of Fraud and misrepresentation. In that I testified in my adjustment of status hearing deportation proceedings before an IJ that I entered the United States on visa which was given to me (paid for) by a Jamaican smuggler at the time of entry in September 1994. I was issued a ten year bar in June 2009 in York County ICE detention. At that time I had an marijuana possession conviction on direct appeal in the Pennsylvania State Superior/Supreme Courts. See Everald Owen vs. Attorney General/ Eric Holder 2009 October for the disposition of the Third Circuit Court of Appeals United States for that Courts rulings. I was pro se as I was unable to afford a I L at that time. My Pennsylvania State conviction could not be use against me at the time because that proceedings was in direct appeal. My contention in my appeal to the BIA was that I was “grandfathered ” based on the LIFE Act.based on my pending applications for Adjustment of Status (through my marriage of my then wife a U.S. citizen) in 1997. The 3rd Circuit Court of Appeals contented that I had not raise the matter of being grandfathered to the BIA , therefore that matter was not before them. The core of my contention was such to the argument I put forward in my appeal to the BIA. As a lay person I lacked the vocabulary of the court but any lawyer who read my file can clearly understand that that was my contention. Please email me. I’m currently in Jamaica but I want to challenge the PA conviction via a WRIT OF CORAM NOBIS pursuant to Pennsylvania State Law. My contention in that matter is that the trial judge in that case was not aware that a timely Motion To Suppress was file before the trial date and the court file to adjudicate the motion to suppress. I was predujiced and denied due process under PA & U.S. constitution as a result. The PA trial attorney GUARANTEED me that there was going to be a suppression hearing and that didn’t happen, hence ineffective assistance of counsel. l was pro se in my appeal to the PA Superior & Supreme Courts. The PA conviction will make me inadmissible to the U.S. so I need to get the PA case vacated. My contention in that matter has merits. Please email me to ascertain more information.
LikeLike