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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California penal code
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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
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Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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 August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Third Circuit upheld the BIA’s decision and denied the petition for review, finding that an immigrant who is admitted as a lawful permanent resident on a conditional basis (“conditional LPR”) qualifies as “an alien lawfully admitted for permanent residence” for purposes of the aggravated felony bar under INA §212(h).
Filed under: Immigration Attorney | Tagged: 212(h), admitted to US, aggravated felony, aggravated felony bar, LPR | Leave a comment »
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.
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Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
All but two federal circuit courts have rejected Matter of Koljenovic: The 8th Circuit upheld the BIA, and the 1st Circuit has not ruled.
Filed under: Immigration Attorney | Tagged: 212(h), aggravated felony bar, criminal waiver, inadmissibility | 2 Comments »
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 August 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Aggravated Felonies in Deportation or Removal Hearings – Avvo.com http://ping.fm/Yp0g1
What is an aggravated felony?
California felony conviction
Is this a crime of violence?
Removed for an aggravated felony
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