Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Another case dealing with the Federal First Offenders Act:

NINTH U.S. CIRCUIT COURT OF APPEALS

-Immigration Law-
Alien who procured his admission for permanent residence by fraud or misrepresentation could not obtain a waiver of inadmissibility under Sec. 212(h) of the Immigration and Nationality Act, since alien was inspected and authorized to enter the United States before he was convicted of an aggravated felony. Term “previously been admitted” in Sec. 212(h) refers to a procedurally regular admission and not a substantively lawful admission.
Sum v. Holder – filed April 23, 2010
Cite as 05-75776
Full text http://ping.fm/h8LOZ

-Immigration Law-
Where alien pleaded guilty to a misdemeanor count of being under the influence of a controlled substance but the state court later dismissed the charge, alien’s conviction could not be used to render alien ineligible for cancellation of removal. Federal First Offender Act treatment of lesser crimes does not depend on whether petitioner originally was charged with simple possession and pleaded down from the charge; proper focus is petitioner’s conduct.
Nunez-Reyes v. Holder – filed April 23, 2010
Cite as 05-74350

Aggravated felony

Felony conviction

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Filed under: Felony | Tagged: Aggravated Felonies, aggravated felony, Felony, felony conviction, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »