Category Archives: Aggravated felony

Illegal reentry, United States v. Gutierrez-Ceja, Motion to Withdraw 7th Circuit

The defendant pleaded guilty to being in the U.S. illegally after having been removed. The judge sentenced him to 84 months in prison. The statutory maximum prison sentence for illegal reentry is usually 2 years, 8 U.S.C. 1326(a), but removal … Continue reading

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BIA Finds Municipal Court Judgment in Genuine Criminal Proceedings Is a “Conviction” and Marijuana Possession After Such a Conviction Is an Aggravated Felony: Matter of Cuellar-Gomez

The Board of Immigration Appeals (BIA or Board) in Matter of Cuellar-Gomez, 25 I. & N. Dec. 850 (B.I.A. July 18, 2012), held that (1) a formal judgment of guilt of an alien entered by a municipal court is a … Continue reading

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212(h) discretionary waiver: Matter of E. W. Rodriguez, 25 I&N Dec. 784 (BIA 2012) Interim Decision #3749

(1) In removal proceedings arising within the jurisdictions of the United States Courts of Appeals for the Fourth, Fifth, and Eleventh Circuits, an aggravated felony conviction disqualifies an alien from relief under section 212(h) of the Immigration and Nationality Act, … Continue reading

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A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective

ABSTRACT: The purpose of this Article is to provide a basic overview of a body of law that has been compared as second only to tax law in its complexity.  Our goal is to highlight the major areas where criminal laws … Continue reading

Posted in Aggravated felony, AGGRAVATED FELONY CASE SUMMARY, BIA, CIMT, Citizenship, Crime involving moral turpitude, Immigration law | Tagged | Comments Off on A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective

Making a false tax return “involv[ing] fraud or deceit” when the loss to the government exceeds $10,000 is an aggravated felony.

In removal proceedings against resident aliens who were convicted of willfully making and subscribing a false tax return under 26 USC section 7206(1) and aiding and assisting in the preparation of a false tax return under 26 USC section 7206(2), … Continue reading

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