(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
4 Comments
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. ![]()
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AuthorJames C. Tai, Esq. ![]() Categories
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