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Is Foreign convictions an Aggravated Felonies?

Posted on July 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Foreign convictions are NOT Aggravated Felonies if they are more than 15 years old.

Grand Theft is not an aggravated felony?

SNAP fraud is an aggravated felony 

Alien convicted of aggravated felony 

The definition of aggravated felony

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New Case involving modified categorical approach

Posted on July 12, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

New Case involving modified categorical approach: Under modified categorical approach, bank employee’s guilty plea to stealing, embezzling, and misapplying $65,000 of bank funds in violation of 18 U.S.C. Sec. 656 qualified as an aggravated felony under 8 U.S.C. Sec. 1101(a)(43)(M)(i) because the knowing misapplication of funds necessarily involved fraud.
Carlos-Blaza v. Holder.

Aggravated felony analysis 

California felony conviction 

Alien convicted of an aggravated felony 

Aggravated felony theft offense 

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A new case from the Supreme Court verifying what I have been arguing for years

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

A new case from the Supreme Court verifying what I have been arguing for years:

-Immigration-
Second or subsequent simple possession offenses are not aggravated felonies under 8 U.S.C. Sec. 1101(a)(43) when the state conviction is not based on the fact of a prior conviction.
Carachuri-Rosendo v. Holder. Just because there are two possession crimes does not make it a trafficking crime.

Aggravated felonies

Aggravated felony meaning

Felony conviction

Is this an aggravated felony?

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Another case in the 9th Circuit:

Posted on May 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

-Immigration Law-
Arizona law criminalizing sexual conduct with a minor under 18 years of age does not meet the federal generic offense of sexual abuse of a minor and is not an aggravated felony for purposes of immigration law.
Rivera-Cuartas v. Holder – filed May 20, 2010

Aggravated felony

A felony

Aggravated felony, crime of violence

Felony: immigration violations

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A new case regarding aggravated felonies:

Posted on May 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

-Immigration Law-
Offense of aggravated assault under the Canada Criminal Code is not categorically a crime involving moral turpitude.
Uppal v. Holder

Aggravated felonies

What is an aggravated felony?

Aggravated felony bar

Victim of crime?

 

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