Felony | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Court Finds Violation of Illinois Statute Pertaining to Possession of Weapons by Felons Is Not an Aggravated Felony

Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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.

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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 | 1 Comment »

Court Finds Receipt of Embezzled Property Is Not Categorically an Aggravated Felony

Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fourth Circuit held that the BIA erred in concluding that the petitioner was an aggravated felon who was ineligible for cancellation of removal under INA §240A(a)(3), finding that a conviction for receipt of embezzled property under 18 USC §659 is not an aggravated felony under the categorical approach

https://californiaimmigration.us/california-penal-code-regarding-unlawful-sexual-intercourse-with-a-minor-compares-the-similar-charges-of-aggravated-felony/

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Filed under: Felony | Tagged: BIA, board of immigration appeals, categorical approach, embezzlement, Felony, Immigration, Immigration Attorney, Immigration Lawyer, modified categorical approach | Leave a comment »

Court Remands to Consider Whether Misprision of Felony Is a Crime Involving Moral Turpitude

Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Second Circuit held that the BIA should determine on remand whether it still adheres to the position that concealment of a felony qualifies as a “crime involving moral turpitude.” If so, the BIA should determine whether its position can be applied retroactively to the petitioner’s case.

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https://californiaimmigration.us/california-penal-code-regarding-unlawful-sexual-intercourse-with-a-minor-compares-the-similar-charges-of-aggravated-felony/

Filed under: Felony | Tagged: BIA, board of immigration appeals, cmt, crime of moral turpitude, Felony, Immigration, Immigration Attorney, Immigration Lawyer, misprison | Leave a comment »

The court found that:

Posted on November 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court found that where a state criminal statute covers both the felony and misdemeanor conduct proscribed by 21 USC §841, it is presumed to be a felony, unless the petitioner proves he was convicted of misdemeanor conduct.

Aggravated felony

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Is this an aggravated felony?

Filed under: Felony | Tagged: #aggrvated felony, 21 USC 841, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Atty.Brian D. Lerner, CA5, Immigration Lawyer, Possession of Marijuana | Leave a comment »

I can commit an aggravated felony and still become a U.S. Citizen?

Posted on May 16, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

I can commit an aggravated felony and still become a U.S. Citizen? – Avvo.com http://ping.fm/Koe7Y

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Filed under: Felony | Tagged: Aggravated Felonies, aggravated felony, Felony, felony conviction, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »

Another case dealing with the Federal First Offenders Act

Posted on May 6, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Another case dealing with the Federal First Offenders Act:

NINTH U.S. CIRCUIT COURT OF APPEALS

-Immigration Law-
Alien who procured his admission for permanent residence by fraud or misrepresentation could not obtain a waiver of inadmissibility under Sec. 212(h) of the Immigration and Nationality Act, since alien was inspected and authorized to enter the United States before he was convicted of an aggravated felony. Term “previously been admitted” in Sec. 212(h) refers to a procedurally regular admission and not a substantively lawful admission.
Sum v. Holder – filed April 23, 2010
Cite as 05-75776
Full text http://ping.fm/h8LOZ

-Immigration Law-
Where alien pleaded guilty to a misdemeanor count of being under the influence of a controlled substance but the state court later dismissed the charge, alien’s conviction could not be used to render alien ineligible for cancellation of removal. Federal First Offender Act treatment of lesser crimes does not depend on whether petitioner originally was charged with simple possession and pleaded down from the charge; proper focus is petitioner’s conduct.
Nunez-Reyes v. Holder – filed April 23, 2010
Cite as 05-74350

Aggravated felony

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Aggravated felonies and Immigration

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Filed under: Felony | Tagged: Aggravated Felonies, aggravated felony, Felony, felony conviction, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »

New case

Posted on April 16, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

New case: Another aggravated felony ruling: Alien’s state felony conviction for possession of pseudoephedrine with intent to manufacture methamphetamine was categorically a “drug trafficking crime” that constitutes an “aggravated felony” under federal law, rendering him statutorily ineligible for cancellation of removal. A drug trafficking crime need not involve the use of a firearm to constitute an aggravated felony.

Aggravated felony

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