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: Deportation for Drug Crimes
Drug trafficking prior to naturalization interview precluded good moral character: U.S. v. Suarez 7th Cir Denaturalization/Good Moral Character Requirement 12-21-2011
In U.S. v. Suarez, 2011 WL 6382155 (7th Cir. 2011), the U.S. Court of Appeals for the Seventh Circuit affirmed a decision by the U.S. District Court which revoked the defendant’s previously accorded naturalization pursuant to INA § 340(a) [8 … 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
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
Matter of Fidel Antonio SANCHEZ-CORNEJO 25 I&N Dec. 273 (BIA 2010) Interim Decision #3686
The offense of delivery of a simulated controlled substance in violationof Texas law is not an aggravated felony, as defined by section101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. §1101(a)(43)(B) (2006), but it is a violation of a law … Continue reading
Second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction
In Carachuri-Rosendo v. Holder (09-60), the Court reverses, in an opinion by Justice Stevens. The vote is unanimous, though Justices Scalia and Thomas each file opinions concurring in the judgment only. Issue: Whether a person convicted under state law for … Continue reading
Carachuri-Rosendo v. Holder Supreme Court grants cert on multiple drug possession issue
On whether any second or subsequent drug possession offense must be deemed a drug trafficking aggravated felony. The case is Carachuri-Rosendo v. Holder. Granted December 14, 2009. Docket: 09-60 The specific question presented to the Court in this case is: … 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)
Non-Citizens Deported Mostly for Nonviolent Offenses
Human Rights Watch issued a report that it says documents for the first time exactly which kinds of non-citizens were deported from the U.S. between 1997 and 2007, and for what types of crimes. The report says that 72 percent … Continue reading
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
