Category Archives: Deportation for Drug Crimes

Drug trafficking prior to naturalization interview precluded good moral character: U.S. v. Suarez 7th Cir Denaturalization/Good Moral Character Requirement 12-21-2011

Posted on January 4, 2012 by Mike Baker

In U.S. v. Suarez, 2011 WL 6382155 (7th Cir. 2011), the U.S. Court of Appeals for the Seventh Circuit affirmed a decision by the U.S. District Court which revoked the defendant’s previously accorded naturalization pursuant to INA § 340(a) [8 … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Denaturalization, Deportation, Deportation for Drug Crimes, Good Moral Character, Good Moral Character (GMC), Naturalization, Revoke Naturalization | 2 Comments

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

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 →

Posted in Aggravated felony, Deportation for Drug Crimes | Leave a comment

Matter of Fidel Antonio SANCHEZ-CORNEJO 25 I&N Dec. 273 (BIA 2010) Interim Decision #3686

Posted on July 7, 2010 by Mike Baker

The offense of delivery of a simulated controlled substance in violationof Texas law is not an aggravated felony, as defined by section101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. §1101(a)(43)(B) (2006), but it is a violation of a law … Continue reading →

Posted in BIA, Board of Immigration Appeals, Deportation for Drug Crimes | Leave a comment

Second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction

Posted on June 14, 2010 by Mike Baker

In Carachuri-Rosendo v. Holder (09-60), the Court reverses, in an opinion by Justice Stevens.  The vote is unanimous, though Justices Scalia and Thomas each file opinions concurring in the judgment only. Issue: Whether a person convicted under state law for … Continue reading →

Posted in Deportation for Drug Crimes, U.S. Supreme Court | Leave a comment