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Alien’s conviction for a crime involving moral turpitude

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)

BIA Deference given to particularly serious crime

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

Should the Police keep all criminal records?

 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.

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