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.
Aggravated felony
Felony definition
Aggravated felony meaning
California penal code
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, chairez, cmt, crime of violence, Felony, Immigration, Immigration Attorney, Immigration Lawyer, mens rea requirement | Leave a comment »
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
Aggravated felony bar
Aggravated felony crime of violence
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
Felony conviction
Aggravated felony crime of violence
Similar charges of “aggravated felony”
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, Aggravating Factors, criminal relief, expunged, expungement, felony conviction, Immigration Crimes, motion to vacate | 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.
Aggravated felony
Felony conviction
Violent felony
Felony immigration violation
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, grand theft, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that a conviction for assault with a deadly weapon under Nevada Revised Statutes §200.471 is categorically an aggravated felony crime of violence. (Camacho-Cruz v. Holder, 9/2/10)
33.767524
-118.189993
Filed under: Aggravated felony crime of violence, Conviction for assault with a deadly weapon, Immigration Attorney, Immigration Lawyer, Nevada, USCIS | Tagged: Aggravated felony crime of violence, Brian D. Lerner, Conviction for assault with a deadly weapon, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Nevada | 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
33.767524
-118.189993
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, Aggravating Factors, Brian D. Lerner, Deportation or Removal Hearings, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Petitioner’s conviction for distributing listed chemicals–ephedrine and pseudoephedrine–with reasonable cause to believe they would be used to manufacture methamphetamine qualified as a drug trafficking crime and constituted an aggravated felony rendering him ineligible for cancellation of removal under the Immigration and Nationality Act. Daas v. Holder – filed August 24, 2010.
Felony conviction
Committed an aggravated felony?
Immigration consequences
Aggravated felony theft offense
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on July 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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?
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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
Filed under: Aggravated Felonies | Tagged: #aggrvated felony, ag felon, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, Felony, felony conviction, Immigration, Immigration Attorney, Immigration Lawyer, violent felony | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 