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Court Says California Conviction for Second Degree Murder Based on Aiding and Abetting Theory Qualifies as an Aggravated Felony

The Ninth Circuit denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. The court found that California law on aiding and abetting, which looks to the natural and probable consequences of an act the defendant intended, had not materially changed since the U.S. Supreme Court decided Gonzales v. Duenas-Alvarez in 2007

Virgina Ct. Says Burglary NOT aggravated felon

The Fourth Circuit denied the petition for review, holding that the offense of statutory burglary in Virginia does not constitute an aggravated felony under the categorical approach for purposes of immigration law.

Pornography ruled as Aggravated Felony

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.

Crime of Violence further defined

The BIA ruled that as a crime of violence under 18 USC §16(a), the state statute must require as an element the use, attempted use, or threatened use of violent physical force. The BIA further held that the crime of aggravated battery under the Puerto Rico Penal Code, which may be committed by means that do not require the use of violent physical force, is not categorically a crime of violence under 18 USC §16(a).

SNAP Fraud is an aggravated felony

The Eighth Circuit upheld the Board of Immigration Appeals’ conclusion that the petitioner’s conviction for the unauthorized use of Supplemental Nutrition Assistance Program (SNAP) benefits categorically involved fraud or deceit within the meaning of INA §101(a)(43)(M), and was thus an aggravated felony.

Just because you served no time in jail does not mean your not an aggravated felon

The First Circuit upheld the Board of Immigration Appeals, holding that the plain language of INA §101(a)(43) compels the conclusion that a predicate conviction under federal or state law can constitute an aggravated felony even if the petitioner served no term of imprisonment for that crime.

Another Win for the Law Offices of Brian Lerner

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.

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