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New Case involving modified categorical approach

Posted on July 12, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

New Case involving modified categorical approach: Under modified categorical approach, bank employee’s guilty plea to stealing, embezzling, and misapplying $65,000 of bank funds in violation of 18 U.S.C. Sec. 656 qualified as an aggravated felony under 8 U.S.C. Sec. 1101(a)(43)(M)(i) because the knowing misapplication of funds necessarily involved fraud.
Carlos-Blaza v. Holder.

Aggravated felony analysis 

California felony conviction 

Alien convicted of an aggravated felony 

Aggravated felony theft offense 

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Violation of a law relating to a controlled substance

Posted on July 8, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating to a controlled substance under former section 241(a)(2)(B)(i) of the Act, 8 U.S.C. § 1251(a)(2)(B)(i) (1994).

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Green card Expires in 6 months and I have a Felony?

Posted on June 28, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Green card Expires in 6 months and I have a Felony? – Avvo.com http://ping.fm/au3GM

Green card

Green card application

Extengension of Green card

Green card approved

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A new case from the Supreme Court verifying what I have been arguing for years

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?

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Another case in the 9th Circuit:

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

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A new case regarding aggravated felonies:

Posted on May 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

-Immigration Law-
Offense of aggravated assault under the Canada Criminal Code is not categorically a crime involving moral turpitude.
Uppal v. Holder

Aggravated felonies

What is an aggravated felony?

Aggravated felony bar

Victim of crime?

 

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Another case dealing with the Federal First Offenders Act

Posted on May 6, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Another case dealing with the Federal First Offenders Act:

NINTH U.S. CIRCUIT COURT OF APPEALS

-Immigration Law-
Alien who procured his admission for permanent residence by fraud or misrepresentation could not obtain a waiver of inadmissibility under Sec. 212(h) of the Immigration and Nationality Act, since alien was inspected and authorized to enter the United States before he was convicted of an aggravated felony. Term “previously been admitted” in Sec. 212(h) refers to a procedurally regular admission and not a substantively lawful admission.
Sum v. Holder – filed April 23, 2010
Cite as 05-75776
Full text http://ping.fm/h8LOZ

-Immigration Law-
Where alien pleaded guilty to a misdemeanor count of being under the influence of a controlled substance but the state court later dismissed the charge, alien’s conviction could not be used to render alien ineligible for cancellation of removal. Federal First Offender Act treatment of lesser crimes does not depend on whether petitioner originally was charged with simple possession and pleaded down from the charge; proper focus is petitioner’s conduct.
Nunez-Reyes v. Holder – filed April 23, 2010
Cite as 05-74350

Aggravated felony

Felony conviction

Aggravated felonies and Immigration

Our Immigration Law Firm

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New case

Posted on April 16, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

New case: Another aggravated felony ruling: Alien’s state felony conviction for possession of pseudoephedrine with intent to manufacture methamphetamine was categorically a “drug trafficking crime” that constitutes an “aggravated felony” under federal law, rendering him statutorily ineligible for cancellation of removal. A drug trafficking crime need not involve the use of a firearm to constitute an aggravated felony.

Aggravated felony

Felony meaning

Violent felony

Getting the best Immigration lawyer possible is critical to helping you

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