Posted on June 3, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit concluded that the petitioner’s felony conviction for Possession of Marijuana for Sale under California Health & Safety Code §11359 rendered the petitioner removable, even though the conviction had been recalled and reclassified as a misdemeanor under California’s Proposition 64. The court explained that valid state convictions retain their immigration consequences even when modified or expunged for reasons of state public policy.
Filed under: best deportation attorney | Tagged: criminal relief, drug crime, expungement, Felony, immigration consequences, reduction to misdameanor, wobbler | Leave a comment »
Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit granted in part the petition for review, holding that the BIA should have applied the categorical approach to determine whether the petitioner’s N.Y. Penal Law §220.31 conviction was an aggravated felony under the INA, because §220.31 defines a single crime and is therefore an indivisible statute. Applying the categorical approach, the court concluded that the petitioner’s conviction under N.Y. Penal Law §220.31 did not constitute a drug-trafficking aggravated felony and thus did not bar the petitioner from seeking cancellation of removal and asylum.
Filed under: best deportation attorney | Tagged: categorical approach, criminal immigration, divisible statute, drug crime, modified categorical approach | Leave a comment »
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal
The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.
Cancellation for removal
Removal proceedings
Removal of the conditional residence
Can I be removed?
Filed under: removal order | Tagged: controlled substance, drug crime, drug offense, Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, Removal of the Conditional Residence, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal
The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.
Filed under: Immigration Attorney | Tagged: controlled substance, drug crime, drug offense, removability, Removal | Leave a comment »
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