Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76‑10‑508.1 of the Utah Code was not shown to be divisible with respect to the mens rea necessary for the offense to qualify as a crime of violence under 18 U.S.C. § 16(a)(2012), based on the Supreme Court’s decisions in Mathis v. United States, 136 S. Ct. 2243 (2016), and Descamps v. United States, 133 S. Ct. 2276 (2013). Matter of Chairez, 26 I&N Dec. 349 (BIA 2014), and Matter of Chairez, 26 I&N Dec. 478 (BIA 2015), clarified.
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Posted on August 18, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit denied the petition for review, holding that even though the New York law under which the petitioner was convicted for possession of child pornography lacks an interstate commerce element that is present in the analogous federal child pornography statute, the petitioner’s conviction qualified as an aggravated felony under the INA in light of the U.S. Supreme Court’s decision in Torres v. Lynch.
Aggravated felony
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Criminal relief
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, pornography | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
1994 felony forgery conviction reduced to a misdemeanor and expunged despite the DA’s opposition and despite the fact that client had a warrant for his arrest for over 6 years. Client can now apply for his green card based on his marriage to a U.S. citizen.
Aggravated felony
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Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, and also permits a conviction for a consensual taking.
Aggravated felony
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Posted on January 28, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on February 23, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies, holding that the convictions involved fraud and deceit, and that tax crimes are not excluded from INA § 101(a)(43)(M)(i).
Filed under: Immigration Attorney | Tagged: Aggravated Felonies, Atty.Brian D. Lerner, Federal Tax Offenses, Immigration Attorney, Supreme Court | Leave a comment »
Posted on February 23, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies, holding that the convictions involved fraud and deceit, and that tax crimes are not excluded from INA § 101(a)(43)(M)(i).
Aggravated felony
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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
Felony meaning
What is an aggravated felony?
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 »
Posted on May 16, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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 »
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