Posted on January 31, 2011 by Brian D. Lerner
The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)
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Filed under: Aggravated Felonies, Immigration Attorney, Immigration Court, Immigration Lawyer, New York Penal Law §263.05, Sexual Abuse of a Minor | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, New York Penal Law §263.05, sexual abuse of a minor | Leave a comment »
Posted on January 17, 2011 by Brian D. Lerner
The REAL ID Act did not overrule Sandoval-Lua, which held that the alien’s burden of proving eligibility for cancellation is met where the record of conviction is inconclusive as to whether the crime is an aggravated felony. (Rosas-Castaneda v. Holder, 1/4/11)
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Filed under: Aggravated Felonies, Cancellation of Removal, Immigration Attorney, Immigration Lawyer, REAL ID Act | Tagged: Aggravated Felonies, Brian D. Lerner, Cancellation of Removal, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, REAL ID Act | Leave a comment »
Posted on January 10, 2011 by Brian D. Lerner
The court discussed the circuit split on whether the Anti-Drug Abuse Act, which made an aggravated felony conviction a deportable offense, can be applied to pre-ADAA convictions, but denied the petition for failure to exhaust. (Alvarado-Fonseca v. Holder, 1/6/11)
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Filed under: Aggravated Felonies, Anti-Drug Abuse Act (ADAA), Immigration Attorney, Immigration Lawyer, Pre-ADAA Convictions, USCIS | Tagged: Aggravated Felonies, Anti-Drug Abuse Act (ADAA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Pre-ADAA Convictions | Leave a comment »
Posted on January 3, 2011 by Brian D. Lerner
The court held that the petitioner’s open guilty plea to misdemeanor convictions under NY Penal Law § 221.40 did not establish that he was convicted of drug trafficking crimes that qualified as an aggravated felonies. (Thomas v. U.S. Att’y Gen., 10/26/10)
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Filed under: Aggravated Felonies, Drug Conviction, Immigration Attorney, Immigration Lawyer, NY Penal Law § 221.40 | Tagged: Aggravated Felonies, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, NY Penal Law § 221.40, USCIS | 2 Comments »
Posted on December 13, 2010 by Brian D. Lerner
The court held that a conviction for distributing ephedrine and pseudoephedrine with reasonable cause to believe they would be used to manufacture methamphetamine under 21 USC §841(c)(2) is an aggravated felony drug trafficking crime. (Daas v. Holder, 8/24/10)
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Filed under: Aggravated Felonies, Drug Trafficking, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Drug Trafficking, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on December 7, 2010 by Brian D. Lerner
The court held that a conviction under N.J. State Ann. §2C:14-3(a) constituted the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43) and that removal proceedings are not time-barred. (Restrepo v. Atty’ General of the U.S., 8/16/10)
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Filed under: Aggravated Felonies, Immigration Attorney, Immigration Court, Immigration Lawyer, USCIS | Tagged: Aggravated Felonies, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, sexual abuse of a minor, USCIS | Leave a comment »
Posted on August 30, 2010 by Brian D. Lerner
