Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Aggravated felony
Aggravated felon meaning
Aggravated felonies
Aggravated felon gets proceedings terminated
Filed under: Aggravated Felonies | Tagged: aggravated felony, BIA, board of immigration appeals, first ciruit, ina 101(a)(43), jail, prison term | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: Immigration Attorney | Tagged: aggravated felony, BIA, board of immigration appeals, first ciruit, ina 101(a)(43), jail, prison term | 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.
Filed under: Immigration Attorney | Tagged: aggravated felony, criminal relief, expunged, expungement, felony conviction, Immigration Crimes, motion to vacate | 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 August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded, finding that a conviction under California’s theft statute is categorically not a theft offense, and thus not an aggravated felony, because the statute is both overbroad and indivisible, and such a conviction is not susceptible to the modified categorical approach pursuant to Descamps v. United States and Rendon v. Holder.
https://cbocalbos.wordpress.com/tag/aggrvated-felony/
https://cbocalbos.wordpress.com/tag/ag-felon/
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https://californiaimmigration.us/adjustment-of-status-granted-for-felon/
Filed under: Aggravated Felonies | Tagged: aggravated felony, categorical approach, descamps, indivisible, modified categorical approach, overbroad, theft, theft offense | Leave a comment »
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.
Filed under: Immigration Attorney | Tagged: #aggrvated felony, aggravated felony, grand theft, ninth circuit | 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 January 28, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Naturalization case approved for case with a long history before the Immigration Court that administratively closed in 2006 and then recalendared and terminated based on Client’s eligibility for Naturalization Client has a conviction for lewd and lascivious acts with a minor (possibly an aggravated felony) but still qualifies for Naturalization.
https://cbocalbos.wordpress.com/tag/expedited-naturalization/
https://cbocalbos.wordpress.com/tag/naturalization/
https://cbocalbos.wordpress.com/tag/naturalization-fee-increase/
https://californiaimmigration.us/citizenship/naturalization/
Filed under: Naturalization | Tagged: aggravated felony, criminal, lewd and lascivious conduct, Naturalization | Leave a comment »
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