Alien’s conviction for a crime involving moral turpitude

Posted on August 26, 2010 by Brian D. Lerner

An alien’s conviction for a crime involving moral turpitude does not render him ineligible for cancellation of removal under section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), if his crime is punishable by imprisonment for a period of less than a year and qualifies for the petty offense exception under [...]

Filed under: alien's conviction, Crimes of Moral Turpitude, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a Comment »

Exempts from removability those convicted of only a “single offense”

Posted on August 26, 2010 by Brian D. Lerner

The “personal use exception” of 8 U.S.C. Sec. 1227(a)(2)(B)(i), which exempts from removability those convicted of only a “single offense involving possession for one’s own use of 30 grams or less of marijuana,” does not apply to aliens who have more than one drug conviction. Petitioner was ineligible where his conviction for possession of concentrated [...]

Filed under: alien's conviction, controlled substance, Drug Trafficker, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a Comment »

Drug Offense Removability Upheld

Posted on March 17, 2010 by Brian D. Lerner

U.S. SUPREME COURT -Criminal Law and Procedure- State court’s upholding of jury instructions and forms that made clear that for jury to recommend a death sentence, jury had to unanimously find each of the aggravating factors outweighed any mitigating circumstances–but did not say the jury had to determine the existence of each individual mitigating factor [...]

Filed under: Aggravated Felonies, alien's conviction, deportation attorney, Immigration Attorney, los angeles immigration attorney | Tagged: , | Leave a Comment »

BIA Deference given to particularly serious crime

Posted on March 10, 2010 by Brian D. Lerner

As Immigration and Nationality Act is silent regarding the basis for determining whether a conviction is for a particularly serious crime, interpretation by Board of Immigration Appeals of what an immigration judge may refer to in deciding whether a prior offense met that standard is entitled to deference. All reliable information may be considered in [...]

Filed under: Alien's removal hearing, alien's conviction, deportation attorney, Immigration Attorney, los angeles deportation attorney | Tagged: , | 2 Comments »

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