Category Archives: Aggravated felony

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

Posted on April 4, 2013 by Mike Baker

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 →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, illegal reentry, Motion to withdraw from the case | Tagged | Leave a comment

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

Posted on August 2, 2012 by Mike Baker

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 →

Posted in Aggravated felony, BIA, Board of Immigration Appeals, Deportation for Drug Crimes, Marijuana Possession, What is conviction for immigration purposes, “single offense involving possession for one's own use of thirty grams or less of marijuana.” | Leave a comment

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

Posted on May 4, 2012 by Mike Baker

(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 →

Posted in 212(h), 212(h) waiver, Aggravated felony, BIA, Board of Immigration Appeals | Tagged | Leave a comment

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

Posted on March 18, 2012 by Mike Baker

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.

Posted on February 24, 2012 by Mike Baker

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 →

Posted in Aggravated felony, U.S. Supreme Court | Leave a comment