Posted on October 15, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for a foreign national’s state offense from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II) to a past conviction for a crime involving moral turpitude “for which a sentence of one year or longer may be imposed.”
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Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit vacated the BIA’s decision and remanded, holding that the petitioner’s conviction for evading arrest under Texas Penal Code §38.04 was not categorically a crime involving moral turpitude rendering him ineligible for cancellation of removal under INA §240A(b)(1).
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Posted on April 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Ceron v. Holder, 747 F.3d 773 (9th Cir. 2014) (en banc), distinguished.
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Posted on April 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Ceron v. Holder, 747 F.3d 773 (9th Cir. 2014) (en banc), distinguished
Assault found not to be a CMT
Crime involving Moral turpitude
Crimes of Moral turpitude
Old crime waiver
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Posted on April 11, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is particularly young—that is, under 14 years of age—or is under 16 and the age differential between the perpetrator and victim is significant, or both, even though the statute requires no culpable mental state as to the age of the child. Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016), clarified.
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Posted on April 11, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Sexual solicitation of a minor under section 3-324(b) of the Maryland Criminal Law with the intent to engage in an unlawful sexual offense in violation of section 3-307 is categorically a crime involving moral turpitude.
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Posted on April 11, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Sexual solicitation of a minor under section 3-324(b) of the Maryland Criminal Law with the intent to engage in an unlawful sexual offense in violation of section 3-307 is categorically a crime involving moral turpitude.
Filed under: sex crimes | Tagged: cimit, cmt, crime involving moral turpitude, Immigration, Immigration Attorney, Immigration Lawyer, sex abuse of a minor, sex crime, sex crime against minor, sex offense | Leave a comment »
Posted on January 9, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
(1) The generic definition of “perjury” in section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), requires that an offender make a material false statement knowingly or willfully while under oath or affirmation where an oath is authorized or required by law.
(2) The crime of perjury in violation of section 118(a) California Penal Code is categorically an offense relating to perjury under section 101(a)(43)(S) of the Act.
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Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that the crime of endangering the welfare of a child in violation of §260.10(1) of the New York Penal Law, which requires knowingly acting in a manner likely to be injurious to the physical, mental, or moral welfare of a child, is categorically a “crime of child abuse, child neglect, or child abandonment” under INA §237(a)(2)(E)(i).
Board of immigration appeals
Appeal to BIA
BIA and immigration
BIA deference given to particulary serious crime
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Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The respondent’s removability as an alien convicted of an aggravated felony was not established where section 76‑10‑508.1 of the Utah Code was not shown to be divisible with respect to the mens rea necessary for the offense to qualify as a crime of violence under 18 U.S.C. § 16(a)(2012), based on the Supreme Court’s decisions in Mathis v. United States, 136 S. Ct. 2243 (2016), and Descamps v. United States, 133 S. Ct. 2276 (2013). Matter of Chairez, 26 I&N Dec. 349 (BIA 2014), and Matter of Chairez, 26 I&N Dec. 478 (BIA 2015), clarified.
Aggravated felony
Felony definition
Aggravated felony meaning
California penal code
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