Rodriguez-Valencia v. Holder (BIA 7/21/2011) In a published decision, the BIA held that conviction for unauthorized imitation of trademarks constitutes an “aggravated felony” as an offense relating to counterfeiting for purposes of removal pursuant to 8 U.S.C. Sec. 1101(a)(43)(R). The petitioner was convicted of violating California Penal Code Sec. 350 for having willfully manufactured, intentionally selling, […]
Posts Tagged ‘aggravated felony’
Aggravated Felony Watch
October 13th, 2011 
Max Nuyen 
Posted in Deportation and Detention 
Tags: aggravated felony, BIA, counterfeiting, removal, Rodriguez-Valencia v. Holder 
Comments Off on Aggravated Felony Watch365-Day Sentence Considered One Year, Even if Served During Leap Year
October 7th, 2011 Max Nuyen Habibi v. Holder (9th Cir. 9/14/2011) I would put this case under the “nice try” category. Immigration attorneys, especially the ones who mainly deal with appellate issues, can be very creative. Sometimes our creativity pays off. Other times, it doesn’t. The above case is an example of a cute idea that didn’t get too far.
BIA Has Authority to Expand List of “Particular Serious Crimes” Which Would Limit Asylum Claims
August 29th, 2011 Max Nuyen Delgado v. Holder (9th Cir. 8/19/2011) Most folks with a passing understanding of immigration law know that certain crimes will lead to the denial of immigration benefits or removal. For instance, you would be ineligible for asylum if you were convicted of an aggravated felony, regardless of how meritorious your claim of persecution may be. […]
Immigration Judge May Not Request Corroborating Evidence For Convictions In Removal Hearings
January 15th, 2011 Max Nuyen Rosas-Castaneda v. Holder (9th Cir. 2011) This case illustrates the finer points between a conviction for a controlled substance violation and a conviction for an aggravated felony. In most circumstances, the differences are merely academic, because either type of conviction would render a person inadmissible, and therefore, not eligible for immigration benefits. However, in situations […]
Second Minor Drug Possession Conviction Is Not Aggravated Felony for Immigration Purposes
June 17th, 2010 Max Nuyen Carachuri-Rosendo v. Holder (U.S. Sup. Ct. 2010) In this case, the Supreme Court held that for purposes of cancellation of removal, an applicant must actually be convicted of an aggravated felony to be disqualified from seeking such relief. The case arose because the respondent, a lawful permanent resident, had been convicted in Texas of possessing […]
BIA finds INA Requires No Overt Act to Advance Conspiracy In Order to Be Removable
May 18th, 2010 Max Nuyen Matter of Orlando Gracia Richardson (BIA 2010) In this case, the BIA decided that for purposes of removal pursuant to § 101(a)(43)(U) of the INA, 8 U.S.C. § 1101(a)(43)(U), the term “conspiracy” is not limited to conspiracies that require the co-conspirator to have committed an overt act in furtherance of the conspiracy. The respondent, Richardson, […]
Posted in Deportation and Detention Tags: aggravated felony, BIA, conspiracy, Matter of Richardson, removal 3 Comments »Moral Turpitude Watch
May 11th, 2010 Max Nuyen Alvarez-Reynaga v. Holder (9th Cir. 2010) With one hand the court giveth, with the other the court taketh. The Ninth Circuit ruled that a conviction pursuant to Cal. Penal Code Sec. 496d(a) for the purchase or receipt of a stolen vehicle is not a crime of moral turpitude. Spinning on a dime, the court then […]
Attempted Kidnapping Deemed to be Aggravated Felony for Purposes of Removability
September 28th, 2009 Max Nuyen Delgado-Hernandez v. Holder (9th Cir.) In the 9th Circuit, attempted kidnapping in violation of California Penal Code § 207(a) is now officially a removable offense because the crime carries with it the threat of physical force being used against the victim. Attempted kidnapping meets the definition of aggravated felony under 18 U.S.C. § 16(b) because […]