James C. Tai, Attorney at Law

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.   

Client was granted withholding of removal under INA § 241(b)(3) by a non-detained immigration judge based on fears of persecution from South Korea due to his sexual orientation.

6 detained LPR cancellation of removal (42A) GRANTED.

9 non-detained LPR cancellation of removal (42A) GRANTED, including 1 INA 212 (c) GRANTED, and 1 INA 212(h) hardship waiver GRANTED. 

Assisted detained client to get married to a United States citizen fiance while being detained by ICE, then successfully filed and represented client before a detained immigration judge for adjustment of status with a INA 212(h) hardship waiver. GRANTED. 

The grounds for mandatory detention include various grounds of inadmissibility from Section 212(a) of the I.N.A. — but an actual conviction is not required in all cases. 

These criminal grounds of inadmissibility include commission of:

• a crime involving moral turpitude, unless the maximum sentence possible is one year or less and the actual sentence you received is less than six months OR if you were under 18 when you committed the crime and it was more than five years ago
• multiple convictions where the aggregate sentence is five years or more of imprisonment
• a controlled substance offense (any drug offense, including if the immigration authorities have reason to believe that you are a drug trafficker)
• a prostitution-related offense
• terrorist activity
• significant human trafficking
• money laundering

Detention is also mandatory for people who are deportable based on criminal convictions (found in Section 237 of the I.N.A.) including:

• a crime involving moral turpitude where (as an added requirement from I.N.A. Section 236(c)(1)(C)), you were sentenced to more than one year in prison
• two or more crimes involving moral turpitude
• an aggravated felony
• a firearms offense
• a controlled substance conviction other than a single offense for possession for your own use of 30 grams or less of marijuana
• drug abuse or addiction, or
• espionage, sabotage, or treason.

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).