Tag Archives: Criminal Immigration

If a Misdemeanor Could Lead to Removal of a Non-Citizen, the Charge *Might Be* Jury-Demandable In DC

Posted on November 6, 2012 by Noah Clements| Leave a comment

Recent changes in how courts view the consequences of criminal convictions for non-citizens make it imperative that criminal defense counsel not only counsel clients on the potential immigration consequences of pleading guilty, but also demand a jury trial if a conviction could lead to removal for the client. Continue reading →

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Fourth Circuit Also Rejects Silva-Trevino Framework For Crimes Involving Moral Turpitude

Posted on January 30, 2012 by Noah Clements| 1 Comment

Former Attorney General Mukasey’s last minute fuck you to the immigrant community is looking like it might be against the ropes.  As discussed in a previous post, in Silva-Trevino, ex-Attorney General Mukasey attempted to drastically revise nearly a century of jurisprudence governing the analysis used to determine whether a particular conviction constitutes a crime involving moral turpitude (CIMT).

Today, the 4th Circuit becomes the fourth circuit court to reject Silva-Trevino. In Prudencio v. Holder, the 4th Circuit  held that ex-AG Mukasey’s decision was not entitled to Chevron deference because there was no ambiguity in the statute, that indeed, any ambiguity was of Mukasey’s own making. The author of the opinion,  Judge Keenan, a fairly recent Obama appointee, had some pretty choice words for Mukasey’s linguistic gymnastics.

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Is Simple Assault a Crime Involving Moral Turpitude post-Silva-Trevino?

Posted on October 19, 2011 by Noah Clements| Leave a comment

As discussed in a previous post, in Silva-Trevino, ex-Attorney General Mukasey attempted to drastically revise nearly a century of jurisprudence governing the analysis used to determine whether a particular conviction constitutes a crime involving moral turpitude (CIMT).  This post will attempt to answer the question –  when are the Immigration Courts allowed to look beyond the record of conviction to determine whether a conviction for simple assault is a CIMT?

EDIT: After the Fourth Circuit’s recent decision rejecting Silva-Trevino in Prudencio v. Holder, this approach is looking more and more vulnerable to attack.  Check to see whether Silva-Trevino is still good law in your circuit. I discuss the Fourth Circuit decision here.

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11th Circuit Rejects Silva-Trevino Framework for Looking Beyond Record of Conviction in Immigration Cases

Posted on October 12, 2011 by Noah Clements| Leave a comment

Today, the Eleventh Circuit became the latest US Court of Appeals to reject the new Silva-Trevino method for determining whether a crime involves moral turpitude (CIMT).  Silva-Trevino was former Attorney-General Mukasey’s parting shot at immigrants, and it was a doozy.  In Silva-Trevino, AG Mukasey made huge changes to the analysis used to determine whether a particular conviction constitutes a crime involving moral turpitude (CIMT) under the guise of  creating a national standard to resolve what he perceived as an ambiguous statute.  In Sanchez Fajardo, the 11th Circuit held that ex-AG Mukasey’s decision was not entitled to Chevron deference because there was no ambiguity. Continue reading →

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Cancellation of Removal for non-Permanent Residents Checklist

Posted on September 27, 2011 by Noah Clements| Leave a comment

Under certain circumstances, some people put into removal proceedings who are not Legal Permanent Residents (LPRs) may be eligible for a form of relief called “Cancellation of Removal”, which allows certain non-LPRs to “adjust status” and become an LPR.  In plain English, Cancellation of Removal allows some non-green card holders to ask the Immigration Judge to “cancel” their removal proceedings and allow them to stay in the U.S. as an LPR.  The statute that provides this relief is INA §240A(b)(1).  (There other types of Cancellation for LPRs and for battered spouses or children of LPRs or citizens – INA §240A(a) & (b)(2), respectively). The purpose of this post is to provide a checklist for eligibility for Cancellation of Removal for non-permanent residents.

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