James C. Tai, Attorney at Law

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​
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When an application for asylum (I-589) is filed with USCIS, it is considered an affirmative asylum application. USCIS can approve the asylum application or refer it to an immigration judge in immigration court. A referral of an asylum application is not a denial of the asylum application. USCIS has referred it to the immigration judge because there may be some outstanding factual or legal issues, for which the immigration judge needs to rule on.

The applicant will receive an official notice from USCIS referring him/her to the immigration judge. The applicant will then later receive a Notice to Appear (immigration court charging document) and then a Notice of Hearing directing the applicant to appear in immigration court on a specific date.

Once in immigration court, the immigration judge conducts a “de novo” hearing of the case. This means that the judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS. Additional and supplemental documents can be filed with the immigration court in support of the asylum application.

An individual hearing will then be scheduled by the immigration judge. At the individual hearing, the applicant will testify on his/her own behalf, and present any additional evidence or witnesses in support of his/her application. The applicant may be cross-examined by the DHS trial attorney and/or by the immigration judge. At the conclusion of the individual hearing, the immigration judge will render a decision as to the grant or denial of asylum. The immigration judge will also consider and rule on whether the applicant should be granted withholding of removal under INA 241(b)(3), withholding of removal under CAT  (Convention against Torture), and deferral of removal under CAT. A denial of asylum, withholding of removal under INA 241(b)(3), and/or withholding/deferral of removal under CAT, by the immigration judge can be appealed to the BIA (Board of Immigration Appeals) within 30 days of the immigration judge’s decision.        

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