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QUICK REFERENCE --- LIST OF AGGRAVATED FELONIES UNDER INA 101(a)(43)

6/2/2014

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(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
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Theft [Fla Stat 812.014 (2)(c)(1)] is NOT a Crime Involving Moral Turpitude

1/30/2014

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     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. 
sample.pdf
File Size: 429 kb
File Type: pdf
Download File

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I-751 Petition to Remove Conditions on Permanent Residence in Immigration Court

1/27/2014

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1. Purpose of the I-751

When a Green Card applicant has been married for less than 2 years, the applicant is initially issued a Conditional Green Card, which is good for 2 years. Just before the expiration of the conditional period, the I-751 is filed to apply for a permanent Green Card (which is good for 10 years). The purpose of the I-751 is to reaffirm that the initial marriage took place in good faith.

2. When to file

The I-751 must be filed with USCIS within 90 days prior to the 2-year anniversary of
the issuance of the conditional Green Card.

3. Filing Jointly vs. Filing Single

When you are still married to the same person you were married to at the time of the issuance of the conditional Green Card, you will file the I-751 jointly.

You will file as a single person in the following cases:

a. You entered the marriage in good faith and your spouse has died;

b. You entered the marriage in good faith and you are now divorced from the person to whom you were married at the time of the issuance of the initial Green Card (even if you’re now remarried to someone else, you will file as single);

c. You entered the marriage in good faith and you have been battered or subject to extreme cruelty by your petitioning spouse;

d. Your parent was a conditional resident who entered into the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or permanent resident spouse or by your conditional resident parent; or

e . The termination of your status would result in extreme hardship to you or a dependent child.

4. Standard for the I-751: Good Faith Marriage (see Matter of Soriano)

To determine whether a marriage was entered into ‘in good faith,’ “[t]he central question is whether the bride and groom intended to establish a life together at the time they were married.” See Bark v. INS, 511 F.2d 1200 (9th Cir. 1975).

To establish ‘good faith’, the court will consider documents such as:

a. proof that the spouse has been listed as the beneficiary on the petitioner spouse’s life insurance policy;

b. documents showing joint ownership or joint responsibility (e.g. property leases)

c. documents showing a comingling of finances (e.g. tax returns, bank statements)

d. shared experiences

e. marriage ceremony

f. birth certificates of any children born as a result of the relationship

5. Common scenarios in which an I-751 matter would end up before an Immigration Judge

You never filed an I-751 (whether you’re still married or not)

a. If you were issued a temporary Green Card and never file the I-751 to remove
the conditions, you can be placed into removal proceedings for having no lawful status once the temporary Green Card has expired.

b. If this happens, you can still file the I-751 with USCIS and an Immigration
Judge (IJ) can either grant continuances on your removal proceedings while the I-751 is being decided, or the IJ can administratively close your case until
USCIS issues a decision on the I-751. If the case is administratively closed
until a decision is made on the I-751, the IJ would then re-calendar your case
to restart proceedings once USCIS has made its decision.

An I-751 was filed and denied by USCIS based on the merits.

a. The IJ will hold an individual hearing to review the decision of USCIS.

b. You would not be required to re-file the I-751 or pay a new filing fee.

• An I-751 was filed and denied by USCIS based on failure to attend interview.

a. The IJ will hold an individual hearing to decide whether to grant the I-751.

You would not be required to re-file the I-751 or pay a new filing fee.

• In all of the above scenarios, the I-751 can be filed jointly or separately. If not

filing jointly, the scrutiny is generally higher as to the good faith marriage.

Note: I-751 can still be filed if the immigrant spouse is now married to someone besides the spouse for which the conditional green card was obtained through. In that case, the immigrant spouse would apply as a single person because the I-751 is based on the
marriage under which the initial Green Card was issued.  

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2013 Success Stories

12/30/2013

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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. 




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Video- Detained by ICE ???

1/22/2013

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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). 
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