Great Reference for whether burglary offenses in Florida are crimes against moral turpitude and/or aggravated felonies.
PRACTICE ADVISORY The Immigration Consequences Of Florida Burglary By Immigration Clinic University of Miami School of Law February 2015 Link
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1. Deferral Under the Convention Against Torture (CAT) granted to detained individual from Romania who suffers from sever mental illnesses.
2. Immigration Judge held that a conviction for Trafficking in Amphetamine in violation of Fla. Stat. §893.135(1)(f)(1)(a) is not an aggravated felony under INA §101(a) (43)(B): illicit trafficking in a controlled substance (as defined in section 802 of Title 21), including a drug trafficking crime (as defined in section 924(c) of Title 18). 3. Immigration Judge held that possession of cocaine with intent to purchase in violation of Fla. Stat. §893.13(1)(a)(1990) is not an aggravated felony under INA §101(a) (43)(B): illicit trafficking in a controlled substance (as defined in section 802 of Title 21), including a drug trafficking crime (as defined in section 924(c) of Title 18). 4. Immigration Judge terminated proceedings holding that Fla. Stat. 540.11(3)(a)(3)(Unauthorized Sale of Sound Articles) is not a crime involving moral turpitude. (A) Murder, Rape, or Sexual Abuse of a Minor
(B) Illicit Trafficking in Controlled Substance (as defined in § 102 of the Controlled Substances Act), Including a Drug Trafficking Crime (as defined in 18 U.S.C. § 924(c)) (C) Illicit Trafficking in Firearms/Destructive Devices (18 U.S.C. § 921) or Explosive Materials (18 U.S.C. §841(c)) (D) Laundering Monetary Instruments (18 U.S.C. § 1956) or Monetary Transactions over $10,000 in Property Derived from Unlawful Activities (18 U.S.C. § 1957) (E) Explosive Materials Offenses (18 U.S.C. §§ 842(h)-(i), 844(d)-(i)), Firearms Offenses (18 U.S.C. §§ 922(g)(1)-(5), (j), (n)-(p), (r) and 924(b), (h)), or Firearms Offenses (IRS Code § 5861 (1986)) (F) Crimes of Violence (18 U.S.C. § 16) (Not including purely political offenses)–Term of imprisonment at least 1 year (G) Theft/Burglary/Receipt of Stolen Property–Term of Imprisonment at least 1 year (H) Demand for or Receipt of Ransom (18 U.S.C. §§ 875, 876, 877, or 1202) (I) Child Pornography (18 U.S.C. §§ 2251, 2251A, or 2252) (J) RICO (18 U.S.C. § 1962) sentence of 1 year or more may be imposed for transmission of wagering info (18 U.S.C. § 1084)–for second or subsequent offenses and sentence of 1 year or more may be imposed or Gambling Offenses (18 U.S.C. § 1955)–sentence of 1 year or more may be imposed (K)Owning, Controlling, Managing, Supervising Prostitution Business, Transportation for Prostitution if Committed for Commercial Advantage (18 U.S.C. §§ 2421, 2422, 2423) (L) Gathering/Transmitting National Defense Information (18 U.S.C. § 793); Disclosure Classified Info (18 U.S.C. § 798); Sabotage (18 U.S.C. § 2153); or Treason (18 U.S.C. §§ 2381, 2382) (M) Offense Involving Fraud or Deceit Causing Loss to Victim Over $10,000 (N) Alien Smuggling (8 U.S.C. § 1324; INA § 274(a) (1) (A) or (2)) (O) Improper Entry/Reentry By Alien Previously Deported for a § 101(a)(43) Offense (8 U.S.C. §§ 1325(a) or 1326; INA §§ 275(a) or 276) (P)Falsely Making/Forging/Counterfeiting/Mutilating/Altering Passport or Instrument (18 U.S.C. § 1543) or Document Fraud-term of imprisonment is at least 12 months (18 U.S.C. § 1546(a)) (Q) Failure to Appear for Service of Sentence When Underlying Offense Punishable by Five Years or More (R) Commercial Bribery, Counterfeiting, Forgery or Trafficking in Vehicles the ID Numbers of Which Have Been Altered–term of imprisonment at least 1 year (S) Obstruction of Justice/Perjury or Subornation of Perjury/Bribery of Witness–term of imprisonment at least one year (T) Failure to Appear After Court Order to Answer Felony Charge –for which term of 2 years or more may be imposed (U) Attempt or Conspiracy to Commit Any of the Above Offenses Recent immigration court rulings have held that Fla. Stat. 812.014(2)(c)(1) [grand theft] (petty theft included) is not a crime involving moral turpitude (CIMT), if the record of conviction (modified categorical approach) can not establish whether Respondent was convicted for temporary or permanent deprivation and appropriation. Further, retail theft (shoplifting) under Fla. Stat. 812.014 is not a CIMT and that Matter of Jurado-Degado 24 I&N Dec. 29, 33 (BIA 2006) is not applicable to the Florida statute. If the respondent is only removable/inadmissible for the Fla. theft offense, termination of the case may be appropriate. Further, these Fla. theft charges should not trigger stop-time rule for cancellation of removal purposes, and may not constitute aggravated felonies (even if 1 year of imprisonment). See attached file for sample motion to terminate. ![]()
When Immigration Detains You or a Family Member. A very well made video by Illinois Legal Aid concerning common questions for individuals and family members being detained by ICE (Immigration Customs Enforcement). |
AuthorJames C. Tai, Esq. ![]() Categories
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