Posted on August 26, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An alien’s conviction for a crime involving moral turpitude does not render him ineligible for cancellation of removal under section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), if his crime is punishable by imprisonment for a period of less than a year and qualifies for the petty offense exception under section 212(a)(2)(A)(ii)(II) of the Act, 8 U.S.C. § 1182(a)(2)(A)(ii)(II) (2006). Matter of Cortez, 25 I&N Dec. 301 (BIA 2010).
A crime of moral turpitude
Involving moral turpitude
Moral turpitude
Can I be deported for this crime?
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Filed under: Crimes of Moral Turpitude | Tagged: alien's conviction, Brian D. Lerner, crime involving moral turpitude, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on April 2, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As Immigration and Nationality Act is silent regarding the basis for determining whether a conviction is for a particularly serious crime, interpretation by Board of Immigration Appeals of what an immigration judge may refer to in deciding whether a prior offense met that standard is entitled to deference. All reliable information may be considered in making a particularly serious crime determination, including an alien’s removal hearing testimony under oath on his own behalf to obtain relief from removal. IJ and BIA appropriately considered nature of alien’s conviction, underlying facts of conviction, and type of sentence imposed when reaching conclusion that alien’s drunken driving conviction constituted a particularly serious crime.
Anaya-Ortiz v. Holder – filed January 25, 2010
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Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Removal qualifications are clarified under new standards of of petitions. CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach.
Aliens conviction
Battery conviction
Conviction for false claim of citizenship
Convictions of violence and battery charges in those applying for immigration petitions
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Filed under: conviction | Tagged: alien's conviction, aliens, controlled substance, illegal aliens, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Removal Proceedings | Leave a comment »
Posted on February 20, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In applying the modified categorical approach to assess an alien’s conviction, it is proper to consider the contents of police reports as part of the record of conviction if they were specifically incorporated into the guilty plea or were admitted by the alien during the criminal proceedings.
Aliens conviction
Battery conviction
Conviction
Convictions of violence and battery charges in those applying for immigration petitions
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Filed under: conviction | Tagged: alien's conviction, crime involving moral turpitude, criminal, criminal immigration, criminal lawyer, criminal relief, deportation attorney | 9 Comments »
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