Category Archives: Aggravated felony

BIA Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S.

Posted on October 18, 2017 by Mike Baker

VELLA, 27 I&N Dec. 138 (BIA 2017) ID 3905 (PDF) An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act, … Continue reading →

Posted in 212(h), 212(h) and readjustment, 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, BIA, Board of Immigration Appeals, CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S. | Leave a comment

CA7 finds BIA sua sponte remand did not reopen request for 212(c) relief but upholds deferral of removal under CAT for Iraq national

Posted on September 15, 2016 by Mike Baker

Turkhan, born in 1960 in Iraq, entered the U.S. in 1979, eventually becoming a legal permanent resident. He is an Assyrian Christian, has not left the U.S. since 1979, is married to a U.S. citizen, and is the father of … Continue reading →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, Convention Against Torture | Leave a comment

CA7 finds conviction for felon in possession of a firearm qualifies as an aggravated felony for purposes of removal

Posted on April 11, 2016 by Mike Baker

Record contained sufficient evidence to support IJ’s removal order against alien (citizen of Mexico) based on fact that alien had two or more convictions on crimes involving moral turpitude, three convictions on crimes involving controlled substances, and conviction based on … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Adjustment of Status, Adjustment of status is an admission, Aggravated felony, Due process right to counsel, possession of firearm | Leave a comment

CA7 upholds ineligibility for cancellation of removal due to misdemeanor “aggravated felony” conviction for “sexual abuse of a minor”

Posted on September 28, 2014 by Mike Baker

VELASCO-GIRON had been convicted in California in 2005 of engaging in sexual intercourse with a girl who was not yet 18 and was more than three years younger than he. Velasco was 18 at the time; the girl was 15, … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, Cancellation of Removal, “sexual abuse of a minor” | Leave a comment

Moncrieffe v. Holder, small amount of marijuana is not an aggravated felony

Posted on April 27, 2013 by Mike Baker

Moncrieffe, a Jamaican citizen legally in the U.S., was found with 1.3 grams of marijuana in his car. He pleaded guilty under Georgia law to possession of marijuana with intent to distribute. Under the Immigration and Nationality Act, a noncitizen … Continue reading →

Posted in Aggravated felony, Cancellation of Removal, Deportation for Drug Crimes, Marijuana Possession, U.S. Supreme Court | Leave a comment