For example, please see our list of articles on Board of Immigration Appeals (BIA) decisions on the subject [see section].
Therefore, we must look to the language of the incorporated inadmissibility provisions to discern the scope of section 237(a)(4)(B).
Here, the Board followed its long-standing rules on the issue when it held that “when an alien has performed an act, which, in and of itself, constitutes a complete, individual, and distinct crime, he is deportable when he again commits such an act, even though one may closely follow the other, be similar in character, and even be part of an overall plan of misconduct.” Id. Section 237(a)(2)(C) renders removable “[a]ny alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in [18 U.S.C. Please see our article on Matter of Flores-Abarca, 26 I&N Dec. 922 (BIA 2017) [PDF version] [see article], which was a recent BIA precedent decision on the issue. App. Id. Section 212(a)(3)(F) is somewhat related to section 212(a)(3)(B). You may need a INA 237 fraud waiver if the USCIS decides that you committed marriage fraud, “omitted” certain information at your green card interview, or that you entered the country as an unmarried child of a legal permanent resident but were actually legally married at the time.
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. Inadmissible at time of entry or of adjustment of status or violates status [see article] 6402 for the definition of “particularly severe violations of religious freedom” [PDF version]. 3638. In Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017) [PDF version], the Board held that adjudicators are not governed by the categorical approach when determining if an alien violated a protection order. You can schedule a consultation with us on Skype, over the phone, or in person by using our “Online Consultation” form.
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. 16) “against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.” In other words, a “crime of domestic violence” in the 237(a)(2)(E)(i) context is a crime of violence committed against a specified individual. at 845. For example, please see our article on BIA decisions on the issue [see section]. We will analyze each of the subclauses in turn below.
Id.
First, a conviction for a violation of any provision of former 50 U.S.C.
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 Please see our full article to read about 18 U.S.C. Section 237 of the Immigration and Nationality Act (INA) contains the INA's deportability provisions. 2442, and by effect, the immigration provisions, also reach individuals who attempt or conspire to violate 18 U.S.C.
Section 237(a)(4) of the Immigration and Nationality Act (INA) contains deportability provisions for security and related grounds. at 846-47. Inadmissibility and/or deportability for torture or extrajudicial killing renders an alien ineligible for a waiver of removal, asylum, and withholding of removal.
32(a)(5) (2006) (for interfering with a police helicopter pilot by shining a laser light into the pilot's eyes while he operated the helicopter) was removable under section 237(a)(4)(ii). In this article, we will examine the deportability provisions found in section 237(a)(1) of the INA. Id. We cover this criminal statute in detail in a separate article [see article].
“Rather, the clear language of the provision requires only engagement, past or present, in any activity in violation of a law relating to espionage.” Id. 105 (relating to sabotage), and section 18 U.S.C. 110-340” [HQ 70/2.1]. Section 237(a)(4) contains the deportability provisions for security and related grounds. An alien who is charged with inadmissibility under section 212(a)(3)(A)(iii) may be subject to summary removal, although this does not apply to returning permanent residents. This article is one part of a series of articles co… Where applicable, we will note related inadmissibility grounds. Aliens who are deportable under section 237(a)(4)(B) are ineligible for asylum and withholding of removal [see section].
First, the definition of “torture” for immigration purposes is found in 18 U.S.C.
The provisions of this article apply to any alien who is “in and admitted to the United States.” It does not, however, cover alien crewmen. Aliens subject to removal proceedings under section 237(a)(4)(B) may be subject to removal proceedings before a special court established under section 501 of the INA instead of before an immigration judge. Regarding the issue in Matter of Luis specifically, the Board held that an alien who received instruction in espionage or counter-espionage from a foreign government, as set forth in 50 U.S.C.
Section 237(a)(2)(D)(iv) covers violations of section 215 of the INA (Travel control of citizens and aliens) and section 278 of the INA (Importation of alien for immoral purpose).
Section 237(a)(2)(E)(ii) contains the deportability provision for those who violate protection orders. Section 237 of the Immigration and Nationality Act (INA) contains the INA's deportability provisions.
However, in that case the alien's conduct, depending on the specific facts of the case, could render him or her subject to other deportability provisions such as those discussed in prior sections of this article. 7102]…” is removable. See INA 237 (a) (1) (violation of status as deportability ground).
Interestingly, section 237(a)(2)(C) does not have a corresponding inadmissibility ground, unlike many of the more common deportability provisions.
Domestic violence, stalking, and child abuse.
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. Fax: (212) 964-0440, Copyright © 2019 My Attorney USA.
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].
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