What are Removable Offenses?

Posted on August 26, 2010 by Brian D. Lerner

An alien is removable under section 237(a)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(A) (2006), as one who was inadmissible at the time of entry or adjustment of status pursuant to section 212(a)(2)(C) of the Act, 8 U.S.C. § 1182(a)(2)(C)(2006), where an appropriate immigration official knows or has reason to believe that [...]

Filed under: controlled substance, Immigration Attorney, Removable Offenses, Trafficking in Persons, 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 »

Arrested for Marijuana and Weapon Possession

Posted on August 17, 2010 by Brian D. Lerner

My uncle was arrested twice for marijauna and also weapons posession – Avvo.com http://ping.fm/msIMl

Filed under: controlled substance, Immigration Attorney, Immigration Lawyer, Possession of Marijuana and Weapons, USCIS | Tagged: , , , , , | Leave a Comment »

Violation of a law relating to a controlled substance

Posted on July 8, 2010 by Brian D. Lerner

The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(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 relating to a controlled substance under former section 241(a)(2)(B)(i) of the Act, [...]

Filed under: controlled substance, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Tagged: , , , , | Leave a Comment »

Denial of petitions and removal are issued for drug conviction

Posted on March 17, 2010 by Brian D. Lerner

Removal qualifications are clarified under new standards of of petitions. CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach.

Filed under: controlled substance, deportation attorney, Immigration Attorney, los angeles immigration attorney, Removal Proceedings | Tagged: , | Leave a Comment »

Denial of petitions and removal are issued for drug conviction

Posted on March 10, 2010 by Brian D. Lerner

Removal qualifications are clarified under new standards of of petitions. CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach

Filed under: controlled substance, conviction, deportation lawyer, Immigration Attorney, los angeles deportation lawyer, Removal Proceedings | Tagged: , | Leave a Comment »

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