June 2012 M T W T F S S « Mar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Michael Baker
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Recent Posts
- A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective
- Seventh Circuit Upholds Warrantless Search of Cell Phones-USA v. Abel Flores-Lopez
- Is Immigration Good for America?
- Marriage Fraud Doctrines.
- Making a false tax return “involv[ing] fraud or deceit” when the loss to the government exceeds $10,000 is an aggravated felony.
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Category Archives: Aggravated felony
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective
ABSTRACT: The purpose of this Article is to provide a basic overview of a body of law that has been compared as second only to tax law in its complexity. Our goal is to highlight the major areas where criminal laws … Continue reading
Making a false tax return “involv[ing] fraud or deceit” when the loss to the government exceeds $10,000 is an aggravated felony.
In removal proceedings against resident aliens who were convicted of willfully making and subscribing a false tax return under 26 USC section 7206(1) and aiding and assisting in the preparation of a false tax return under 26 USC section 7206(2), … Continue reading
Posted in Aggravated felony, U.S. Supreme Court
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Judulang v. Holder: BIA’s policy for applying §212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. §706(2)(A).
Docket No. Op. Below Argument Opinion Vote Author Term 10-694 9th Cir. Oct 12, 2011 Tr.Aud. Dec 12, 2011 9-0 Kagan OT 20 Holding: The policy used by the Board of Immigration Appeals to determine whether a resident alien is … Continue reading
AGGRAVATED FELONY CASE SUMMARY
By Immigration Judge Bertha A. Zuniga (San Antonio) November 15, 2010 (Summary updated regularly) | Aggravated Felony Outline (pdf) DISCLAIMER: The summaries and cases provided herein are those of the author alone and do not represent a position or policy of … Continue reading
Bribery of a public official is not an aggravated felony. Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010)
Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010) Interim Decision #3698http://www.justice.gov/eoir/vll/intdec/vol25/3698.pdf The crime of bribery of a public official in violation of 18 U.S.C. § 201(b)(1)(A) (2006)is not an offense “relatingto” commercial bribery and is therefore not an aggravated … Continue reading
Fair Sentencing Act Alters Immigration Treatment of Crack Convictions
Section 3 of the Fair Sentencing Act amended 21 USC 844(a) by deleting the language that made a conviction for simple possession of more than five grams of crack cocaine a felony. Under 21 USC 844(a), as amended by the … Continue reading
Supreme Court Holds that Florida Battery Conviction Was Not “Violent Felony”
In a case with implications for aliens facing domestic violence deportation charges or with aggravated-felony crime of violence convictions, the U.S. Supreme Court in Johnson v. U.S., 2010 WL 693687, held that the Florida felony offense of battery by “[a]ctually … Continue reading
9th Cir. overturns Matter of Lettman: felony convictions before November 18, 1988 are not Aggravated Felonies
“We conclude that he may not be removed, because (1) the 1988 law that made aliens deportable for aggravated felony convictions did not apply to convictions prior to November 18, 1988; and (2) neither Congress’s overhaul of the grounds for … Continue reading
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Criminal facilitation is not an "aggravated felony" as illicit trafficking
In an unpublished decision, the BIA held that a conviction for criminal facilitation in New York does not constitute an illicit trafficking type of aggravated felony. Taylor, A xx-xxx-801, slip op. (BIA Nov. 5, 2009)
Deportation for Drug Crimes
The Supreme Court ruled, by an 8-1 vote, that conviction of a drug crime that is a felony under state law but only a misdemeanor under federal law is not kind the kind of offense that triggers potential deporation. Justice … Continue reading
