This provision is now codified at 50 U.S.C. Attorney Advertising: prior results do not guarantee similar outcomes. Section 212(a)(2)(G) reads as follows: “Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in [22 U.S.C. The Board concluded that section 237(a)(4)(A)(ii) does not require a criminal conviction. 921(a)…” (emphasis added). In the instant case, the Board found that a letter from the Secretary of State setting forth reasons establishing that an alien was removable under former section 241(a)(4)(C) satisfied the threshold. Section 212(a)(2)(G) incorporates 22 U.S.C. (Military Selective Service Act) will render an alien removable. The Board published a detailed analysis of how to determine when an alien “assisted, or otherwise participated in” extrajudicial killing in Matter of D-R-, 27 I&N Dec. 105 (BIA 2017) [PDF version], which we discuss in a full article on site [see article]. Accordingly, adjudicators “should consider the probative and reliable evidence regarding what a State court has determined about the alien's violation.” This applies even if the alien was convicted of violating an order of protection. at 845 n.13. Grinberg and Segal’s immigration lawyers are highly skilled and experienced in all areas of immigration law and related federal litigation including Writs of Mandamus and Habeas Corpus as well as APA Action in Federal District Courts, Petitions For Review in U.S. Whether an alien is convicted of an aggravated felony depends on the specific conviction and other case-specific facts. 6402 for the definition of “particularly severe violations of religious freedom” [PDF version]. Under section 237(a)(2)(A)(iii), “[a]ny alien who is convicted of an aggravated felony at any time after admission” is subject to removal. Such an alien is not deportable “solely because of [his or her] past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful in the United States.” In short, this exemption protects certain government officials and politicians from foreign countries from being removed under section 237(a)(4)(B) if their “beliefs, statements, or associations” would be lawful in the United States. Section 237 of the Immigration and Nationality Act (INA) contains grounds for which an alien who is in the United States after having been admitted or having had his or her status adjusted to that of lawful permanent resident may be removed. In general, these apply to aliens who have been admitted into the United States and are present in the United States. There is a limited exception from section 237(a)(2)(B)(i) if the alien is convicted of a single offense involving 30 grams or less of marijuana for personal use (marijuana is on the list of Federally controlled substances). Please see our full selection of articles below to learn about the other categories of deportability provisions. at 38. Unlawful Voters [see article]. Grinberg & Segal’s New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. 1091(a), which you may read here: [PDF version]. Where applicable, we will note related inadmissibility grounds. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of the topic. 115 (relating to treason and sedition), provided that a term of imprisonment of five years or more may be imposed (as opposed to was actually imposed) for the conviction. Section 237(a)(4)(C)(ii) incorporates two exceptions to section 212(a)(3)(C) into the deportability provision. Id. Section 237(a)(2)(E)(i) renders removable “[a]ny alien who at any time after admission is convicted of a crime of domestic violence, crime of stalking, or a crime of child abuse, child neglect, or child abandonment…”. In addition, section 237 also contains several waivers of deportability and exceptions from specific deportability grounds. The Board held that, “where the record contains some evidence from which a reasonable fact finder conclude that one or more grounds for the mandatory denial of the application may apply, the alien bears the burden under 8 C.F.R. The Board's decision meant that, at least under this provision, the alien need not have actually engaged in espionage or counter-espionage to be deportable. In the foregoing subsections, we will examine each of these deportability provisions in turn. To learn more about inadmissibility and deportability for controlled substances violations, including the list of controlled substances, please see our full article on the subject [see article]. In the section 237(a)(2)(E)(i), a “crime of domestic violence” is defined as a crime of violence (as defined in 18 U.S.C. The Board also held that the Government is not required to allow an alien charged with deportability under former section 241(a)(4)(C) to depart the United States voluntarily prior to the initiation of proceedings. 2442 created a new criminal offense that applied to whoever knowingly: 1. recruits, enlists, or conscripts a person to serve while such person is under 15 years of age in an armed force or group; or Id. Section 237(a)(4)(A)(iii) is lightly litigated, but the plain language of the statute suggests that a conviction is not required in order for an alien to be charged with deportability under the provision. The Board of Immigration Appeals (BIA) issued one significant decision on the subject of section 237(a)(4)(A)(i) on May 26, 1999, in Matter of Luis, 22 I&N Dec. 747 (BIA 1999) [PDF version]. Failure to Register and Falsification of Documents [see article] Performance & security by Cloudflare, Please complete the security check to access. Section 237(a)(2)(B) contains two distinct deportability provisions relating to controlled substance offenses We will examine each of the clauses below. 960 criminalizes certain expeditions against friendly nations. Removal on terrorism grounds is a broad subject. Second, the definition of “extrajudicial killing” is found in section 3(a) of the Torture Victim Protection Act of 1991. Please note that Matter of Ruiz-Massieu analyzed the identically worded former section 241(a)(4)(C)(i). In general, these apply to aliens who have been admitted into the United States and are present in the United States. The Board held that the government has the burden of showing the following five points in order to establish that an alien is deportable under section 241(a)(4)(A)(i): “(1) the type of activity engaged in by the alien; (2) when that activity occurred; (3) the law which the alien violated; (4) the law relates to espionage; and (5) the activities engaged in by the alien that violated that particular law.” Id. A conviction is required. Our fee is only $49 per up to 15 min or $160 per up to 45 minutes for all consultations regardless of the topic. Interestingly, section 237(a)(2)(C) does not have a corresponding inadmissibility ground, unlike many of the more common deportability provisions. Section 237 of the Immigration and Nationality Act (INA) contains the INA's deportability provisions. Id. Your IP: 173.236.157.87 For a discussion of one of the relevant provisions, please see our article on Matter of M-H-Z-, 26 I&N Dec. 757 [PDF version] [see article], a decision concerning section 212(a)(3)(B)(iv)(VI) (material support to terrorist organization). In Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016) [PDF version], the Board held that the circumstance-specific approach should be employed in order to determine the relationship between an abuser and victim for purpose of determining whether a crime of violence is of a domestic nature. Id. 6402(13), as excerpted below: A second and distinct deportability provision was added to section 237(a)(4)(E) as part of the Intelligence Reform and Tferrorism Prevention Act of 2004, PL 108-458 (Dec. 17, 2004), 118 Stat. In 2015, the BIA released an interesting published decision in Matter of Vides Casanova, 26 I&N Dec. 494 (BIA 2015) [PDF version]. Id. They also specify that people who are in the U.S. without legal permission (also referred to as "undocumented" or "illegal") shall be deported. Section 237(a)(2)(A) provides for the removability of aliens who are convicted of “General crimes.” This means that in order to be removable under section 237(a)(1)(A), the alien must have a specified criminal conviction. This language is found in section 5402 of the Terrorism Prevention Act of 2004. Section 237(a)(4)(A) of the INA contains three separate sub-clauses, each outlining distinct deportability provisions. 4301 et seq. Whether multiple convictions are determined to arise out of the same scheme of misconduct or different schemes of misconduct will turn on an inquiry into the specific facts of a given case and the controlling law in the jurisdiction from which the case arises. Unlawful Voters [see article]. 2332a(c)(2))]. Second, section 212(a)(3)(C)(iii) provides for a similar, yet broader, exemption to that found in section 212(a)(3)(C)(ii). Interestingly, unlike most deportability provisions covered in section 237(a)(2), no conviction is required in order for an alien to be found to be removable for violating a protection order. Please see our full article to learn more about this precedent [see article]. Section 237 of the Immigration and Nationality Act (INA) contains the INA's deportability provisions. However, the Board provided a detailed analysis of the provision in its published decision in Matter of Ruiz-Massieu, 22 I&N Dec 833 (BIA 1999) [PDF version]. In the instant case, the Board held that an alien convicted of violating 18 U.S.C. See INA 237 (a) (1) (violation of status as deportability ground). Under section 501(a)(1) of the INA, the Attorney General may file an application for the special court to be used where he or she has classified information that the alien is an alien terrorist. 3801 et seq. The content of myattorneyusa.com is copyrighted. The BIA held in Matter of Sanchez-Lopez, 26 I&N Dec. 71, 74 (BIA 2012) [PDF version], overruled on other grounds by Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018) [PDF version], that “a crime of stalking” includes the following elements: “(1) conduct that was engaged in on more than a single occasion, (2) which was directed at a specific individual, (3) with the intent to cause that individual or a member of his or her family to be placed in fear of bodily injury or death.” In Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018), the Board made clear that a stalking statute that covers conduct that causes the victim to fear nonphysical injury to him or herself or his or her family is outside the scope of its definition of generic stalking under section 237(a)(2)(E)(i). Section 237(a)(2)(D) includes four clauses covering a variety of different types of offenses. Failure to Register and Falsification of Documents [see article] In Matter of F-S-C-, 8 I&N Dec. 108 (BIA 1958) [PDF version], the Board held that the nearly identical language of former section 241(a)(11) distinguished the term “addict” from “user” in holding that the statute does not extend to “mere users.” In Matter of T-, 8 I&N Dec. 523 (BIA 1960) [PDF version], the Board held that hospital records relating to a respondent's addiction to narcotics are admissible as evidence in proceedings. Section 237(a)(4)(A)(i) of the INA renders deportable any alien who has engaged in or who engages in after admission “any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology , or sensitive information…”. at 756, 767. The grounds of deportability, found in Section 237 of the I.N.A.

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