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
Have no other options? Get an attorney
Filed under: deportation attorney | Tagged: "asylum" "persecution" "well founded fear of persecution" "refugee" "credible fear interview" "spanish deportation lawyer" "spanish immigration lawyer" "spanish deportation attorney" "immigration lawy, Alien's removal hearing, alien's conviction, deport order, Deportation, deportation attorney, deportation lawyer, deportation order, deportation proceedings, deportations, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | 2 Comments »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 