Category Archives: Aggravated felony

Judulang v. Holder: BIA’s policy for applying §212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. §706(2)(A).

Posted on December 20, 2011 by Mike Baker

Docket No. Op. Below Argument Opinion Vote Author Term 10-694 9th Cir. Oct 12, 2011 Tr.Aud. Dec 12, 2011 9-0 Kagan OT 20 Holding: The policy used by the Board of Immigration Appeals to determine whether a resident alien is … Continue reading →

Posted in 212(c), Aggravated felony, crime of violence, U.S. Supreme Court | Leave a comment

AGGRAVATED FELONY CASE SUMMARY

Posted on November 6, 2011 by Mike Baker

By Immigration Judge Bertha A. Zuniga (San Antonio) November 15, 2010 (Summary updated regularly) | Aggravated Felony Outline (pdf) DISCLAIMER: The summaries and cases provided herein are those of the author alone and do not represent a position or policy of … Continue reading →

Posted in Aggravated felony, AGGRAVATED FELONY CASE SUMMARY, Crime involving moral turpitude, crime of violence, Deportation for Drug Crimes | Tagged | Leave a comment

Bribery of a public official is not an aggravated felony. Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010)

Posted on October 15, 2010 by Mike Baker

Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010) Interim Decision #3698http://www.justice.gov/eoir/vll/intdec/vol25/3698.pdf The crime of bribery of a public official in violation of 18 U.S.C. § 201(b)(1)(A) (2006)is not an offense “relatingto” commercial bribery and is therefore not an aggravated … Continue reading →

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Fair Sentencing Act Alters Immigration Treatment of Crack Convictions

Posted on October 1, 2010 by Mike Baker

Section 3 of the Fair Sentencing Act amended 21 USC 844(a) by deleting the language that made a conviction for simple possession of more than five grams of crack cocaine a felony.  Under 21 USC 844(a), as amended by the … Continue reading →

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Supreme Court Holds that Florida Battery Conviction Was Not “Violent Felony”

Posted on March 30, 2010 by Mike Baker

In a case with implications for aliens facing domestic violence deportation charges or with aggravated-felony crime of violence convictions, the U.S. Supreme Court in Johnson v. U.S., 2010 WL 693687, held that the Florida felony offense of battery by “[a]ctually … Continue reading →

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