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 October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit granted the petition for review and remanded, finding that the LPR petitioner, who had been convicted of a felony and was subsequently convicted of possessing a weapon in violation of 720 ILCS 5/24–1.1(a), was not convicted of an aggravated felony pursuant to INA §101(a)(43). The court held that Illinois’s definition of a “firearm” is broader than that of its federal counterpart, and thus a conviction under the statute could not be treated as an aggravated felony.
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Filed under: Felony | Tagged: aggravated felony, Felony, firearm, Immigration, Immigration Attorney, Immigration Lawyer, modified categorical approach | 1 Comment »
Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of SILVA-TREVINO, 26 I&N Dec. 826 (BIA 2016)
(1) The categorical and modified categorical approaches provide the proper framework for determining whether a conviction is for a crime involving moral turpitude.
(2) Unless the controlling case law of the governing Federal court of appeals expressly dictates otherwise, the realistic probability test, which focuses on the minimum conduct that has a realistic probability of being prosecuted under the statute of conviction, should be applied in determining whether an offense is a categorical crime involving moral turpitude.
(3) Under the “minimum reading” approach applied by the United States Court of Appeals for the Fifth Circuit, the respondent’s conviction for indecency with a child under section 21.11(a)(1) of the Texas Penal Code is not for a categorical crime involving moral turpitude.
(4) An alien who has engaged in misconduct involving sexual abuse of a minor is not required to make a heightened evidentiary showing of hardship or other factors to establish that an application for relief warrants a favorable exercise of discretion.
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Filed under: Aggravated Felonies | Tagged: aggravated felon, Felony, Immigration, Immigration Attorney, Immigration Lawyer, sex abuse of a minor, silva-trevino | Leave a comment »
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.
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Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, chairez, cmt, crime of violence, Felony, Immigration, Immigration Attorney, Immigration Lawyer, mens rea requirement | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on May 16, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on June 28, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on May 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
-Immigration Law-
Arizona law criminalizing sexual conduct with a minor under 18 years of age does not meet the federal generic offense of sexual abuse of a minor and is not an aggravated felony for purposes of immigration law.
Rivera-Cuartas v. Holder – filed May 20, 2010
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Filed under: Aggravated Felonies | Tagged: #aggrvated felony, ag felon, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, Felony, felony conviction, Immigration, Immigration Attorney, Immigration Lawyer, violent felony | Leave a comment »
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