Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of IBARRA, 26 I&N Dec. 809 (BIA 2016) ID 3872
(1) A “theft offense” under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 101(a)(43)(G) (2012), which requires the taking of property “without consent,” includes extortionate takings, in which consent is coerced by the wrongful use of force, fear, or threats.
(2) Robbery by force or fear in violation of section 211 of the California Penal Code is categorically an aggravated felony theft offense under section 101(a)(43)(G) of the Act.
Theft offense
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https://californiaimmigration.us/ca9-finds-california-conviction-for-owning-and-operating-a-chop-shop-is-not-an-aggravated-felony/
Filed under: theft | Tagged: force, ibarra, taking, theft offense | Leave a comment »
Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of Guzman-Polanco, 26 I&N Dec. 806 (BIA 2016)
The crime of aggravated battery in violation of the Puerto Rico Penal Code is not categorically a crime of violence under 18 U.S.C. § 16(a) (2012), but controlling circuit court law should be followed regarding the question whether conduct such as the use or threatened use of poison to injure another person involves sufficient “force” to constitute a crime of violence. Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016), clarified.
Immigration crimes
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Crimes of violence
Can I be deported for this crime?
Filed under: crime of violence | Tagged: crime of violence, force, Immigration, Immigration Attorney, Immigration Lawyer, usc setion 16 | Leave a comment »
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